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Summary public law - Parliamentary sovereignty & referendums
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notes on parliamentary sovereignty and referendums and how these have impacted on parliamentary sovereignty. presented in a colourful format
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Parliamentary sovereignty – referendumsParliamentary sovereignty & referendums
¶ Referendums increasing:
¶ 3 UK wide, 9 in specific nations, 2 regional, 62 local
¶ But what is the impact of a referendum on parliamentary sovereignty?
Do referendums challenge PS, passing decision-making power to ‘the people’?
Can Parliament ever bind itself (or a future Parliament) to follow a referendum decision
Two different kinds of referendums in the UK:
Advisory’ Referendums?
¶ e.g. European Union Referendum Act 2015 – provided the referendum on whether we
wanted to stay in EU or leave. No specific leal consequence / obligation to follow the result
but lots of political pressure to do so
¶ (Brexit referendum)
‘Binding’ Referendums? – legally binding
¶ e.g. European Union Act 2011
¶ (Repealed ‘referendum locks’) – if any more powers or competences in specifically contentious
areas
\ of the UK were passed to the EU then that transfer of powers had to be approved by
referendum first e.g., joining the Euro.
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