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No match made in heaven: Parliamentary sovereignty, EU over-constitutionalization and Brexit

Susanna K. Schmidt (University of Bremen, photo credit: Lukas Klose)

The British electorate’s choice to leave the EU has been tied to a lack of European identity among the British public, high unemployment rates in some areas of the United Kingdom, as well as voters’ education and income. In her article “No match made in heaven: Parliamentary sovereignty, EU over-constitutionalization and Brexit” published as part of Journal of European Public Policy’s special issue on “The Brexit Policy Fiasco”, Susanne Schmidt argues that existing accounts explaining the Brexit referendum overlooked an important institutional factor. Susanne argues that the EU’s political system, riding on integration through European law interpreted and enforced by the Court of Justice of the European Union (CJEU), has always stood in stark contrast to the United Kingdom’s polity, with strong roots of parliamentary sovereignty and majoritarian decision-making. Focusing on one of the most politicized policy-fields in the context of the Brexit decision, Susanne traces how the CJEU’s case law gradually constitutionalised the EU’s policy-making on intra-EU migration, imposing limits on Member States’ majoritarian decision-making. Ironically, in light of its common-law tradition the United Kingdom’s administration ranked among the most effective compliers with EU law, magnifying the tension between EU law’s constraints on political decision-makers and the United Kingdom’s tradition of parliamentary sovereignty. Susanne’s analysis shows that recognizing the institutional mismatch between the EU’s and British political systems “is necessary to understand why ‘taking back control’ could resonate so easily with British voters.”