Who can call a referendum in the UK? Role of Parliament and Government

Who can call a referendum in the UK Role of Parliament
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United Kingdom referendums are implemented with a bare majority and again on a case-by-case basis, when permissive legislation is selected by Parliament, hence an occasional, not routine or automatic by-product of the political process. The UK Parliament is independent and has the power to enact a law to permit an ad referendum to be invoked whenever necessary; it is not a legal or constitutional requirement that a vote on any particular issue is taken. As such, referendums never happen automatically but only as voted in by Parliament upon an Act of Parliament. Each referendum is governed by a once-in-a-lifetime set of legislation providing the question, the procedures of voting and counting, and in carrying out of the vote.

Understanding referendums in the UK

One of the powerful democratic tools in the UK is a referendum, which directly involves voters in expressing their attitude towards a certain issue.

A referendum will have a direct question, normally asking a simple yes or no question or a multiple-choice question with predetermined or designated answers, as opposed to general elections, where citizens elect their members of Parliament. Although referendums are not constitutionally entrenched in the UK (meaning they are not used to settle weighty political controversies only or even seeking to find out what the people think about something thorny), there have been some occasions where they have been adopted to settle a contentious issue. In the UK, referendums do not form a normal part of the political process; instead, they are invoked selectively, often when Parliament wishes to make a major constitutional change or major policy decision by seeking the sanction of the people. This form of direct democracy is especially flexible concerning the power to hold a referendum in the UK because the power is granted by the sovereignty of Parliament and not the people themselves. 

This would mean that the conduct of a referendum is only related to whether Parliament decides to enact any legislation that the conduct of a referendum entirely rests. It is necessary to observe this tension between representative parliamentary democracy and incidental direct decision-making by the people to understand the dynamics of referendums in the UK. Referendums can powerfully affect the entire country and impact such phenomena as the constitutional framework of unions and their participation in foreign organizations. Thus, the current political situation in terms of democracy in the UK cannot be seen without familiarizing oneself with the problem of who is capable of initiating such votes, when the votes can take place, and which laws governments are guided by when holding the votes.

Understanding referendums in the UK
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The role of referendums in UK democracy

In the UK, democracy referendums are a constituent and emerging instrument in bringing people closer to critical political decisions. The representational democracy system in the UK relates to the involvement of the people in a decision-making process carried out by elected members of Parliament. Referendums, however, introduce the aspect of direct democracy in that people have a straight say on specific constitutional or political questions by bypassing the normal legislative process. In the UK, overcoming considerable constitutional differences that form the identity of the country and its government is one of the primary functions of referendums. Such matters as entry into the European Union, devolution of powers to Scotland, Wales, and Northern Ireland, and the change to the electoral system have all been determined or at least legitimized by a public vote. The evaluation of the importance of popular consent in decisions affecting broader aspects is shown in the application of referendums on such consequential decisions. 

Also, referendums may be employed to enhance the engagement and trust of the population in the democratic process. They have been presented as remedies to deal with the lack of interest of the population to engage in the political mainstream, especially in recent decades, to provide people with more input in the factors affecting them in their everyday lives. This has been particularly relevant in situations where devolution and constitutional change are in question, where often there is a great deal of will to drive to have local or regional voices heard in their own voice.

Key referendums in UK history

The UK has had relatively few referendums and, when they have happened, been matters of high consequence, often representing a turning point in UK politico-constitutional history. Some of the most crucial referendums that have played an important role in the history of the UK include the following:

1. Membership in the European Communities referendum, 1975

The United Kingdom had the first-ever national referendum on June 5, 1975. It provoked the question to the electorate whether the membership of the United Kingdom of Europe in the European Economic Community (EEC), the predecessor of the European Union, was to be continued or not. The referendum arose after a campaign pledge in the General Election in October 1974, after the terms of the membership of the UK were renegotiated. A little more than two-thirds of the respondents voted to remain in the EEC, making the decision to cement the UK membership in the institution well into the future.

2. Vote on the alternative vote in 2011

It is the first cross-country referendum in the cooperation in the UK on a domestic political issue and occurred on May 5, 2011. A so-called alternative vote system was advocated as an alternative to the first-past-the-post choosing of Members of Parliament. The proposal failed by the better part of 67.9 percent, with less than half of the registered voters turning out to vote at 42 percent, so keeping the existing electoral system.

3. Brexit 2016 reverse of EU membership

The referendum on whether to remain or leave the European Union is the most vital one ever in Britain, which was carried out on June 23, 2016. It induced intense political debate both within and outside the country.

4. Wales and Scotland referendums 1997 devolution

These referendums led to the establishment of the Scottish Parliament and Welsh Assembly, which empowered the nation to exercise significant legislative power, so long dominated by Westminster. Although the Welsh vote was smaller and accepted the establishment of devolved government, the Scottish referendum was far bigger and voted majority in support of devolution.

5. 2014 Scottish independence referendum

Scotland was holding a referendum to decide whether to remain a constituent part of the UK or it should become an independent state. 85 percent of the electorate turned out to vote, with 55.3 percent of the total voting deciding that they would remain part of the UK. It was the first referendum in the history of the UK constitution on the applicability of referendums when handling the most significant constitutional issues in the union.

What is the authorization process for referendums?

In the UK, approval of a referendum is a formal legislative process, the receipt of which requires the approval of the Parliament of the United Kingdom. All referendums require specific authorisation by an Act of Parliament; there has been no general right to invoke one. In this required Parliament is needed to pass an act, sometimes called an enabling or referendum act, to provide important details like the wording of the referendum question, who people are meant to vote, the procedure to be followed in voting, and how the outcomes will be processed. There is no automatic and constitutional entitlement to a referendum in the UK since no codified constitution lays down the time and method of a referendum. Each referendum is an ad hoc affair that is initiated by the prescription of a bill to be endorsed by the government or a member of Parliament and ratified by the legislature.

The following are important aspects of the authorization process:

1. Parliamentary sovereignty

Parliament alone has sovereign authority to decide to organise a referendum or otherwise. A referendum cannot be called either by a government or an external party without the approval of Parliament. 

2. Legislative framework

All the legal needs of the referendum are presented in the authorizing act. Such examples are the European Communities membership referendum in 1975, the Alternative Vote referendum in 2011, and the European Union membership referendum in 2016, each of which had dedicated Acts of Parliament to authorise its historic referendum. The legislation prescribes voter eligibility and the text of the actual question on the referendum. This is how it establishes rules regarding participation and provides adequate boundaries to the voters.

3. The role of the Electoral Commission

Since the introduction of the Political Parties, Elections and Referendums Act 2000 (PPERA), the Electoral Commission has been in charge of ensuring the fairness and transparency of referendums. They determine the finances involved in the campaign and the publicity, and analyze how clear the referendum question is.

4. Devolution and local referendums

Specific laws established by Parliament also provide the conditions and permit the conduct of regional referendums, such as devolution votes in Scotland or Wales.

What is the authorization process for referendums
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Government and the Prime Minister’s influence on referendums

Despite the ultimate legislative power resting with the Parliament, the Prime Minister and the government have significant control over the initiation and the results of the national referendums in the UK. This impact can be attributed to the main functions of the prime minister as head of state, head of the majority party in the Commons, and head of the legislative agenda. In cases where a referendum bill has been introduced in Parliament, the decision is normally taken by the government led by the prime minister. This is a political as well as strategic decision, often dependent on the policies of the government or an attempt to resolve controversial/polarizing issues. As an example, one can point out former pm David Cameron, who initiated a massive promise to solve internal problems of the party and to satisfy people that there would be a referendum on whether to become an EU member (2016).