Book contents
- The Brexit Challenge for Ireland and the United Kingdom
- The Brexit Challenge for Ireland and the United Kingdom
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Preface
- The Constitutional Tensions of Brexit
- Part I Territorial Pressures in Ireland and the United Kingdom
- Part II Institutional Pressures and Contested Legitimacy
- 8 Populism and Popular Sovereignty in the UK and Irish Constitutional Orders
- 9 Party, Democracy, and Representation
- 10 Westminster versus Whitehall: What the Brexit Debate Revealed About an Unresolved Conflict at the Heart of the British Constitution
- 11 Brexit and the Problem with Delegated Legislation
- 12 Litigating Brexit
- 13 The Law Officers: The Relationship between Executive Lawyers and Executive Power in Ireland and the United Kingdom
- 14 In Search of the Constitution
- Index
8 - Populism and Popular Sovereignty in the UK and Irish Constitutional Orders
from Part II - Institutional Pressures and Contested Legitimacy
Published online by Cambridge University Press: 17 August 2021
- The Brexit Challenge for Ireland and the United Kingdom
- The Brexit Challenge for Ireland and the United Kingdom
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Preface
- The Constitutional Tensions of Brexit
- Part I Territorial Pressures in Ireland and the United Kingdom
- Part II Institutional Pressures and Contested Legitimacy
- 8 Populism and Popular Sovereignty in the UK and Irish Constitutional Orders
- 9 Party, Democracy, and Representation
- 10 Westminster versus Whitehall: What the Brexit Debate Revealed About an Unresolved Conflict at the Heart of the British Constitution
- 11 Brexit and the Problem with Delegated Legislation
- 12 Litigating Brexit
- 13 The Law Officers: The Relationship between Executive Lawyers and Executive Power in Ireland and the United Kingdom
- 14 In Search of the Constitution
- Index
Summary
This paper considers whether the different constitutional frameworks used to give structure to popular sovereignty, in the UK and Ireland, may be effective in precluding a ‘populist’ style of referendum use. In the wake of Brexit, it will consider whether the unstructured character of popular sovereignty in the UK Constitution encourages such a ‘populist’ style of referendum use, characterised by political discretion and elite instrumentalisation of the popular voice. However, drawing on the Irish experience, it will argue that constitutional law has a relatively modest capacity to regulate referendum-politics in the ways that many critics of the current UK framework see as being desirable. Thus it will argue that the ‘populist’ style of referendum use is not easily avoided by constitutional structure and regulation.
- Type
- Chapter
- Information
- The Brexit Challenge for Ireland and the United KingdomConstitutions Under Pressure, pp. 175 - 194Publisher: Cambridge University PressPrint publication year: 2021