What are the limits to parliamentary sovereignty? When should the people be able to vote directly on issues? The constitutional theorist Albert Venn Dicey (1835–1922) was a cogent advocate of the referendum. While his enthusiasm for the institution was widely acknowledged in his own day, thereafter this dimension of his career has been largely neglected. This fall into obscurity is partly explained by the fact that Dicey never collected his writings on referendums into a single volume. Consequently, during the prolonged crisis over Brexit, the implications of Dicey's thought were unclear, despite his standing as a foundational figure in British constitutional law. This timely modern edition brings together Dicey's sophisticated and intricate writings on the referendum, and it covers his attempts to construct a credible theory of democracy on a new intellectual and institutional basis. An original scholarly introduction analyzes Dicey's thought in light of its contemporary context.

A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.

Updated edition of : Referendums. c1978.

This book explores the unusual and unique experience of direct democracy in the small state of New Zealand, where referendums have been a persistent feature of the political landscape for over a century. Referendums have been the site of renewed interest from scholars, seeking to respond to what they term the "democratic deficit" in otherwise stable and functional Western democracies. They have also been at the heart of many divisive and important political and social moments in recent history, from the UK’s Brexit referendum in 2016 to the disputed legitimacy of the 2022 referendums in Russian-occupied Ukraine. This book fills an important gap in the literature through an extended study of the law and practice of referendums in the small Commonwealth state of New Zealand. It also expands the field of small state democracy studies by applying the insights of this field to the direct democracy experience of a small state. With the inclusion of comprehensive tables of referendums and legislative materials, this book will be of interest to scholars of direct democracy and small states, politicians, legislators and policy makers, and all those with a desire to do democracy better.

Albert Venn Dicey (1835-1922) was elected to the Vinerian professorship of English Law in the University of Oxford in 1882. Dicey established himself as a great expert on constitutional history when in 1885 he published his Introduction to the Study of the Law of the Constitution, a major classic on the British constitutional system. Dicey's writings have achieved an almost canonical status, and his views are judged almost entirely on this volume. However Dicey developed his views further and extensively in a series of lectures he delivered in the late 1890s in which he focused his thoughts on the sovereignty of Parliament, the relationship between Parliament and the people, and the role of constitutional conventions. Dicey would not defend every detail of the British Constitution, but was quite prepared to consider certain constitutional innovations, such as the principle of referendum to give special status to Constitutional Acts, or that the House of Lords should have more representative legitimacy. Dicey also toyed with the idea of a Constitutional Convention as a basic form of protection for constitutional rules: he argued about constitutional safeguards to remedy the defects of the party system and recognised the adaptability of an unwritten constitution to changed circumstances. All these aspects of Dicey's thought are reflected in these lectures, published here for the first time.

Timely and engaging, this topical book examines how Brexit is intertwined with the concepts of justice and injustice. Legal scholars across a range of subjects and disciplines utilise a multitude of case studies from consumer law, asylum law, legal theory, public law and private law, in order to explore the impact of Brexit on our ideas of justice. The book as a whole aims to engage with the methodology, lexicon and explicitness of analytical perspectives in relation to Brexit.

Offers a distinctive account of the rule of law and legislative sovereignty within the work of Albert Venn Dicey.

Over the last 30 years referendums have played an increasingly important role in determining government policy. Recent high profile referendums in Scotland, Catalonia and Ukraine have continued the movement towards independence referendums following decolonization and the end of the Cold War. The Greek bailout referendum and Britain’s vote on membership of the EU reflect a tradition of European states giving their people a direct say in the transfer of sovereign powers to the European Union seen through the ratification of key treaties such as Maastricht, Amsterdam, Nice and Lisbon. This Routledge Handbook covers key aspects and issues of direct democracy and referendums throughout the world including: •their history; •when, why, where, how and on which issues referendums are held; •why some referendums are more democratic than others; •how referendums are won; •whether they produce good policies; •if referendums increase participation and improve the quality of representative democracies; •do referendums increase trust in democracy and the political actors; •the impact of new technology on the possibilities, methods and frequency of direct public political participation; •how they should be regulated. Covering other related areas such as recall, citizen juries and random selection, this compendium is an indispensable guide to referendums and the workings of modern democracy.