Original scientific paper
From the Parliament Act 1911 to the European Union Act 2011: Transformation from Informal to Mandatory Referendum in British Constitutional Doctrine
Robert Podoljnak
; Faculty of Law, University of Zagreb, Zagreb, Croatia
Petar Bačić
; Faculty of Law, University of Split, Split, Croatia
Abstract
Analysing British constitutionality in the 100-year period between the Parliament Act 1911 and the European Union Act 2011, it can be noticed that the British constitutional doctrine is undergoing a gradual and still unfinished transformation from an “informal” to a mandatory referendum related to decisions on changes of the fundamental elements of “the British constitution”. In the paper, it is pointed out that Dicey’s theory of referendum as a safeguard providing for people’s consent to every important constitutional change, a theory formulated at the beginning of 20th century, nowadays gives the best theoretical explanation of the contemporary use of referendum in the United Kingdom. Identification of the fundamental elements of the British constitution subject to change by a referendum also defines the nucleus of the British uncodified constitution. Broadening the set of issues which by constitutional conventions may be decided by a referendum will also make the constitution less flexible.
Keywords
United Kingdom; constitution; referendum; Dicey
Hrčak ID:
128146
URI
Publication date:
15.9.2014.
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