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Resources 

COMMENTS 

Britain has lost a role, and failed to find an empire

Theresa May's long-awaited Brexit speech must be understood as an aspiration, rather than a roadmap, since its realisation requires the consent of other parties and the removal of important contradictions, argues Benjamin Martill.
17 January 2017
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Starts: Jan 17, 2017 12:00:00 AM

The aftermath of Berlin: what implications for German politics?

Uta Staiger, Executive Director of the European Institute, comments on the German political and media responses after the Christmas market attacks, in a piece originally published by the New Statesman.
20 December 2016
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Starts: Dec 20, 2016 12:00:00 AM

What will Brexit mean for London's digital entrepreneurs?

Oliver Patel, Research Assistant at the European Institute, offers three reasons why the Brexit vote is worrying for London's tech community.
Oliver Patel (UCL European Institute)
19 December 2016
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Starts: Dec 19, 2016 12:00:00 AM

EU Referendum

UCL European Institute


This section provides background material and references on the implications of the UK's European Union Act 2011, and specifically its referendum 'lock' provisions.

1. POLICY BRIEF

Brief1

The brief discusses the changes brought about by the EU Act 2011, in relation to Britain’s position in and attitude towards, the European Union. It considers the referendum provisions of the EUA; referenda and UK constitutional law; and the role of referenda in democratic deliberation.

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2. BIBLIOGRAPHY AND ONLINE RESOURCES

I. Legislation

European Union Act 2011
See in particular the following provisions:

  • Section 2: Treaties amending or replacing TEU or TFEU
  • Section 3: Amendment of TFEU under simplified revision procedure 
  • Section 4: Cases where treaty or Article 48(6) decision attracts a referendum 
  • Section 6: Decisions requiring approval by Act and by referendum 
  • Section 18: Status of EU law dependent on continuing statutory basis

European Communities Act 1972

II. Explanatory Documents
III. Case Law
  • R. v Secretary of State for Transport Ex p. Factortame (No.2) [1990] 3 W.L.R. 818.
  • HL and R. v Secretary of State for Employment Ex p. Equal Opportunities Commission [1995] 1 A.C. 1 HL
  • Thoburn v Sunderland City Council [2002] EWHC 195 (Admin); [2003] Q.B. 151.
  • R. (on the application of Jackson) v Attorney General [2005] UKHL 56; [2006] 1 A.C. 262.
IV. Literature

European Union Act 2011

  • S Peers, ‘European Integration and the European Union Act 2011: An Irresistible Force Meets an Immovable Object?’ (2013) Public Law 119.
  • MJ Gordon and M Dougan. ‘The United Kingdom’s European Union Act 2011: “Who Won the Bloody War Anyway?” (2012) 37:1 European Law Review 3.
  • P P Craig, 'The European Union Act 2011: Locks, Limits and Legality' (2011) 48 Common Market Law Review 1881.
  • S Peers, ‘The UK’s European Union Bill’ (November 2010), available at Statewatch.org, Annexes I and II.

Referenda and UK Law

  • S Tierney Constitutional Referendums: The Theory and Practice of Republican Deliberation (Oxford University Press, 2012)
  • S Tierney 'Constitutional Referendums: A Theoretical Enquiry' (2009) Modern Law Review 72(3) 360.
  • P Norton, “The United Kingdom: Political Conflict, Parliamentary Scrutiny” in P. Norton (ed.), National Parliaments and the European Union (London: Frank Cass, 1996).

Referenda and the EU

  • FA Cheneval, ‘“Caminante, no Hay Camino, se Hace Camino al Andar”: EU Citizenship, Direct Democracy and Treaty Ratification’ (2007) 13 European Law Journal 647.
  • M Shu, ‘Referendums and the Political Constitutionalisation of the EU’ (2008) 14 European Law Journal 423.
  •  G Barrett, ‘Building a Swiss Chalet in an Irish Legal Landscape? Referendums on European  Union Treaties in Ireland and the Impact of Supreme Court Jurisprudence’ (2009) 5 European Constitutional Law Review 32.