Abstract

This paper argues that new primary legislation is required to clarify the role of referendums in the UK. My argument falls into three parts. The first outlines what the law is concerning the use of referendums in the UK. The second explains what changes are necessary, and why those changes should be made in law. I will argue that there are three types of guidance that the law should offer about referendums: guidance about their outcomes, procedural guidance about how referendums should be conducted, and content guidance about what sorts of questions should be put to a referendum in the first place. The third part of the paper concedes that new legislation will not address all of the problems with the uses of referendums in the UK. Nevertheless, changes in the law are necessary given the capacity of referendums to undermine representative democracy.

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