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In recent years, debate about the relationship between law and politics appears to have become a good deal more intense in the United Kingdom. As others have observed, one major catalyst for this has been the ascent of human rights in the popular imagination and in national, and international, legal and political orders. The problem, however, is that this development also has the capacity to skew the debate: it threatens not just the already-weakened claim that `law is politics' but also, if left unchecked, it could deepen the neglect of two questions that ought to be at the heart of debate about law and politics: namely, the question of law, and the question of the political. In this article, we offer a perspective on this problem. We propose that one way of minimising it would be to have a broader definition of what counts as scholarship relevant to the question of the law/politics relationship. The redefinition we propose focuses specifically on two respected traditions in contemporary legal scholarship: the first of these is socio-legal scholarship, the second is feminist legal scholarship. The particular strength of these traditions, we suggest, is that they would encourage a broader perspective on the complexity of law and of the political.

'New public law' has a keen interest in the deployment of power and the shifting nature of the public and private. In this article, we argue that the historical legacy of the Crown has hindered the ability of public lawyers to respond to changes in modes of governance in the UK. The constitutional law textbook tradition has played a key role in limiting critiques of the Crown because of the obfuscation that surrounds the legal and political status of the Monarch. However, instead of discounting the significance of the monarchy, we use it as a resource for exploring governing power, the blurring of boundaries and constitutional renewal. Our starting point is the life, death and, most importantly, the funeral of Diana, Princess of Wales. The latter event exposed the political relevance of the 'personal' in a most dramatic way, generating claims about the 'feminisation of the government' and 'emotions augmenting democracy'. We follow through on these claims in order to focus on the effects of adopting private, intimate-sphere norms in the public sphere, in particular public-sphere decision making. While aware of the risks associated with this 'transformation' of democracy, we conclude that the increasing centrality of the intimate merits consideration in new public law's search for progressive tools of modern governance.

'New public law' has a keen interest in the deployment of power and the shifting nature of the public and private. In this article, we argue that the historical legacy of the Crown has hindered the ability of public lawyers to respond to changes in modes of governance in the UK. The constitutional law textbook tradition has played a key role in limiting critiques of the Crown because of the obfuscation that surrounds the legal and political status of the Monarch. However, instead of discounting the significance of the monarchy, we use it as a resource for exploring governing power, the blurring of boundaries and constitutional renewal. Our starting point is the life, death and, most importantly, the funeral of Diana, Princess of Wales. The latter event exposed the political relevance of the 'personal' in a most dramatic way, generating claims about the 'feminisation of the government' and 'emotions augmenting democracy'. We follow through on these claims in order to focus on the effects of adopting private, intimate-sphere norms in the public sphere, in particular public-sphere decision making. While aware of the risks associated with this 'transformation' of democracy, we conclude that the increasing centrality of the intimate merits onsideration in new public law's search for progressive tools of modern governance.

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