Quote:
Originally Posted by Sephiroth
Your link only explains Representative Democracy. It does not address the obligation falling on Parliament to deliver the outcome of a direct democracy exercise (Referendum). Accusing me of making a "falsehood" is a slur on my integrity.
|
Parliament cannot bind itself or its successors because the ultimate exercise of power in our system is an Act of Parliament which Parliament itself can both make and repeal (or amend).
It simply isn’t possible to oblige Parliament to do anything, because Parliament can repeal any Act that attempts to do so. A referendum cannot legally oblige parliament to do something. The nearest it is possible to get is convention, which in our uncodified constitution has considerable force to restrain Parliament’s behaviour, or alternatively the threat to an MPs job via the ballot box.
On the former, referendums are still a novelty in our constitution, and most of those held so far have supported the status quo, so the convention surrounding parliament’s response to them is weak. On the latter ... well perhaps we shall soon find out.
One solution that has been proposed is for any future Referendum Act to include a clause that automatically enables the outcome. That is a fudge however because it still isn’t obliging Parliament to do anything and doesn’t stop Parliament intervening to repeal that legislation at the last minute.