ABSTRACT
The use of referendums raises the question of whether or not parliament redefines itself to include the people – in a direct expression of their views – for the purpose of legislating. The referendum has been used in relation to constitutional matters in Northern Ireland in 1973 and 1998; in relation to devolution to Scotland and Wales in 1977 and 1997; in London in 1998 in relation to the establishment of a directly elected mayor and the re-establishment of a London-wide elected authority; and in the United Kingdom as a whole in 1975 in relation to the United Kingdom’s continued membership of the European Communities. The Labour government first elected in 1997 is committed to the use of referendums in relation to constitutional reform. Accordingly, further referendums are planned in relation to devolution to English regions, and are expected to be used in relation to reform of the House of Lords and a single European currency. However, referendums, as conceived in the United Kingdom, do not affect parliament’s legal sovereignty. While the opinion of the people may be regarded as morally binding on government, parliament’s sovereignty is preserved through regarding the result of a referendum as not legally binding the government or parliament.
