We the British People Rule: From 1832 to the Present

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Although Brexit appears to contradict Britain’s tradition of parliamentary sovereignty, it actually aligns with a deeper, long-standing model of popular sovereignty that has guided British constitutional development since the 1832 Great Reform Act. This shift marked the beginning of a tradition in which major constitutional changes required the People’s consent, not just Parliament’s.

The article identifies three historical periods:

1. Referendal Period (1832–1911):The House of Lords acted as guardian of the constitutional status quo by vetoing reform bills and demanding public approval—either through elections or platform politics—before relenting. Key constitutional laws, like the Reform Acts and the Parliament Act 1911, followed this process and thus derived legitimacy from public consent.

2. Suspensory Veto Period (1911–1970):The Lords’ veto was reduced to a temporary delay. Even this weakened veto still acted as a quasi-referendum, forcing political actors to account for public opinion.

3. Contemporary Period (1970s–today):As referenda became common, and courts began to review legislation (e.g., Factortame, Jackson), judicial and popular mechanisms increasingly replaced the Lords’ role in safeguarding constitutional norms. The 2016 Brexit referendum, though non-binding, fit within this tradition of public validation of constitutional change.

The article suggests that Britain no longer operates under a pure parliamentary sovereignty model. Like the U.S., constitutional change in the UK increasingly requires direct or indirect public consent, enforced by unelected judicial or institutional actors. This calls for a rethinking of A.V. Dicey’s theory, which overstated parliamentary supremacy. In truth, “We the British People” has been the unwritten constitutional principle since 1832.

Suggested Citation:

We the British People Rule: From 1832 to the Present, U.K. Const. L. Blog, January 21, 2021.