Publication at Faculty of Social Sciences |
2020
Abstract
The article maps how judgments of the United Kingdom courts (Miller I) and the Court of Justice of the European Union (Wightman) intervened into the Brexit process. Formally, the judicial intervention limited itself to interpretation of the UK constitutional law (royal prerogative, parliamentary sovereignty) and the EU law (article 50 TEU, relation between the EU and international law).
However, both judgments had also broader impact on the political context of Brexit process (parliamentary control of the Brexit Agreement negotiation). Judicial intervention(s) thus not only clarified some aspects of the UK constitutional law and the EU legal order but also decreased predictability of the Brexit process.