The British Popular Sovereignty Model: A Play in Three Acts

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This article challenges the prevailing view that Brexit marks a radical departure from British constitutional tradition. Instead, it argues that the UK has operated under a model of popular sovereignty—not pure parliamentary sovereignty—for nearly 200 years. The article traces the evolution of a shared Anglo-American constitutional model that vests the people, not just Parliament, with ultimate authority over constitutional change.

The argument unfolds across three historical periods:

1. The Referendal Period (1832–1911): The House of Lords, once a dominant force, redefined its legislative veto as a mechanism to refer constitutional issues to the people through elections. Major constitutional reforms—including the Reform Acts and the Parliament Act 1911—were legitimized through public endorsement, reflecting early forms of popular sovereignty.

2. The Suspensory Veto Period (1911–1970): The Lords’ absolute veto became a two-year suspensory veto (later one year), effectively turning it into a mechanism for mobilizing public opposition and delaying reform. Although weakened, the veto continued to function as a quasi-referendum tool.

3. The Era of Referenda and Judicial Review (1970s–present): With the decline of the Lords' power, the UK began relying on national referenda and judicial oversight. Landmark developments included the 1975 EU referendum, devolution referenda, Factortame (1991), the Human Rights Act (1998), and Jackson (2005), where the judiciary asserted its role as constitutional guardian.

The article concludes that the UK has long operated under a hybrid model that blends parliamentary structures with a deeper, evolving commitment to popular sovereignty—akin to the American constitutional ethos. Understanding this continuity reframes how we interpret Brexit, judicial power, and constitutional change in both the UK and other democracies that draw from British constitutional heritage.

Suggested citation:

The British Popular Sovereignty Model: A Play in Three Acts, Brexit Institute Blog, January 26, 2020.