Legal provisions for optional referendums at national level

POLITICALPARTIES, ELECTIONS AND REFERENDUMS ACT

(Adopted 2000)

http://www.legislation.gov.uk/ukpga/2000/41/contents

A 2010 report by the Constitution Committee of the House of Lords on the status of referendums in the United Kingdom can be found here (excerpts below):

http://?www.?publications.?parliament.?uk/?pa/?ld200910/?ldselect/?ldconst/?99/?9902.?htm

?Chapter 3: Referendums on constitutional issues

Part Two: Mechanisms for triggering a constitutional referendum

95.  In the light of the difficulties of defining a 'fundamental constitutional issue', the Government have argued that 'the decision as to whether or not a referendum should be held should be made on a case-by-case basis. We do not believe that an objective test could be established as to the circumstances in which a referendum should and should not be held' (p 94).

96.  However the decision as to the use and timing of referendums remains almost entirely in the hands of the government of the day. In particular, the inconsistency of its use in the UK lends weight to the arguments set out in Chapter 2 that the referendum remains, at heart, a tactical device rather than a matter of high constitutional principle. As Dr O'Malley surmised, 'the question arises, who, in the UK could decide what is a major constitutional issue? If it were the government, this would make a mockery of the constitution' (p 130).

99.  As we have seen, some witnesses argued that it was particularly difficult to define a 'constitutional issue' in the UK in the absence of a written constitution.

Chapter 7: Summary of Recommendations

Referendums ? Arguments for and against

209.  The balance of the evidence that we have heard leads us to the conclusion that there are significant drawbacks to the use of referendums. In particular, we regret the ad hoc manner in which referendums have been used, often as a tactical device, by the government of the day. Referendums may become a part of the UK's political and constitutional practice. Where possible, cross-party agreement should be sought as to the circumstances in which it is appropriate for referendums to be used. (Para 62)?

The Political Parties, Elections and Referendums Act provides the legalframework under which national and/or regional referendums may be held. Nevertheless,parliament must pass a specific law in each instance in order for a referendumto be held.