BREXIT – AN ACT OF RESENTMENT IN THE NAME OF PARLIAMENTARY SOVEREIGNTY

Abstract

The Court  of Justice of the  European Union  (CJEU) is far from  what  the  European Founding Fathers intended it to be.  Ever since its  establishment in 1952, the  CJEU has  placed itself at the  core of the  European constitutional model while it has  played the  leading role  in the  process of integration and constitutionalization of the  Community. Through various methods of legal  interpretation and extensive self-empowering case law, it has  established itself as an equal and independent institution within  the  European Institutional model. The CJEU’s jurisprudence is widely  regarded as  a  success story in contemporary academia, but  it is not  without drawbacks and deficiencies as  well. On 23rd  June  2016, 52% of Britons voted to leave the  EU for  taking back control from  the  CJEU in the  name of confiscated parliamentary sovereignty. In this  framework, this  research paper argues that Brexit  has  to be  studied in the  sense of resistance against the  constitutionalization project of the  CJEU. Namely,  the  ‘alienating’ factor of the  CJEU and its influence on Brexit is discussed in the  following paper.