Britische Verfassungsgerichtsbarkeit: Modellbegründung aus Anlass der graduellen Selbstermächtigung während Brexit-Krise

According to a common but erroneous perception in German scholarship, the uncodified British constitution is unsuitable as a foundation for constitutional adjudication. The UK Supreme Court demonstrated how misguided this view is by resolving the fundamental conflicts of the Brexit crisis on constitutional grounds. This however was not the beginning, but a high point in the development of constitutional review in the United Kingdom. As an apex court, the Supreme Court is institutionally independent and relies on a systematic body of constitutional norms. Its decision-making authority is differentiated: legal consequences depend on the weight and intensity of the constitutional violation as well as on the identity of the acting public institution. This gives judicial discretion particular significance. During the Brexit crisis, the Supreme Court expanded its control over the organisation of the central state - exercising a gradual form of judicial self-empowerment.