@article{2018:lhotta:parlaments,
title = {Parlamentssouveränität und Verfassungswandel im Vereinigten Königreich: Von Zombies, Richtern und konstitutionellen Leitideen},
year = {2018},
note = {Britain’s constitution has radically changed. Long standing and
firmly established principles of the former “political
constitution“ - like parliamentary sovereignty - are being
questioned and go so far for them being labelled as “zombies“. The
article traces some of the main developments up to the Brexit decision
of the UK Supreme Court and shows that the shift towards a “legal
constitution” has significantly re-arranged the separation of powers
under the British constitution. The legal regimes of European
integration and European Human Rights as well as a series of rather
incoherent constitutional reforms have produced a constitutional
dystopia where the British (senior) judiciary steps in by invoking new
constitutional principles or by re-inventing them through a judicially
designed “Common Law Constitutionalism”. By asserting its new role
in the separation-of-powers-game the judiciary is becoming a more and
more powerful actor under Britain’s constitution in flux.},
journal = {ZParl Zeitschrift für Parlamentsfragen},
pages = {814--826},
author = {Lhotta, Roland},
volume = {49},
number = {4}
}