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The demand

A Nationwide Referendum

TSP’s central demand is simple to state: a nationwide referendum on a codified constitution and popular sovereignty. Here is how referendums work in the UK, what the country has voted on before, and how that demand could become a vote.

01The ask

Let the people decide the rules

The UK’s constitution has been reshaped many times, but always by Parliament, one Act at a time. The public has never been asked whether the country should have a written constitution at all.

TSP is asking for exactly that question to be put to the whole country. A referendum would let the people, rather than the government of the day, decide whether the rules of power should be written down, placed above ordinary politics, and grounded in popular sovereignty: “a codified constitution where the power belongs to the people.”

Wooden polling booths and a sealed ballot box in a community hall

02The rules

How referendums work in the UK

  1. It takes an Act of Parliament

    There is no standing mechanism for a national referendum in UK law. Each one has been authorised by its own legislation, which sets the question, the date and who can vote.

  2. Campaigns are regulated

    The Political Parties, Elections and Referendums Act 2000 governs how referendum campaigns are run, including spending limits and the designation of lead campaign groups for each side.

  3. The question is tested

    The Electoral Commission assesses a proposed referendum question for how clearly it can be understood, and can recommend changes to its wording.

  4. Most results are advisory

    Referendums in the UK are generally advisory unless the legislation says otherwise. The 2011 vote on the Alternative Vote system was a rare case where the outcome was made legally binding.

03The record

What the UK has voted on

Major referendums since 1973 have covered Europe, devolution, the voting system and independence. None has asked the public about the constitution as a whole.

  1. 1973Northern IrelandWhether Northern Ireland should remain part of the United Kingdom
  2. 1975United KingdomContinued membership of the European Community
  3. 1979Scotland & WalesDevolved assemblies
  4. 1997Scotland & WalesA Scottish Parliament and a Welsh Assembly
  5. 1998Northern IrelandThe Good Friday Agreement
  6. 2011United KingdomThe Alternative Vote system for general elections
  7. 2014ScotlandScottish independence
  8. 2016United KingdomMembership of the European Union

A selection of major national and devolved referendums.

04From demand to vote

One possible route

Because only Parliament can call a referendum, public pressure has to become parliamentary support. This is how that could happen, though the exact path would depend on Parliament and the public.

  1. Step 1

    Build a nationwide majority

    Supporters across the country, of every political persuasion, join the call.

    Join
  2. Step 2

    Make it a constituency issue

    Constituents ask their own MPs, in their own words, to back a referendum.

    Write to your MP
  3. Step 3

    Parliament legislates

    A referendum bill sets the question, the date and the franchise.

  4. Step 4

    The question is tested

    The wording is independently assessed and campaigns on each side are designated.

  5. Step 5

    The people decide

    Voters across the United Kingdom give their answer.

05Writing the text

Principle first, or text first?

Principle first

A referendum asks whether the country should adopt a codified constitution. A drafting body, such as a constitutional convention or citizens’ assembly, then prepares the text, which can be put to a second vote for approval.

Text first

A drafting body prepares the constitution, and the people are asked to approve it, as Ireland’s voters did with Bunreacht na hÉireann in 1937.

Which route the UK takes would itself be a choice for Parliament and the public. TSP’s demand is the step that comes before both: that the people are asked.

What would a constitution contain?

Referendum questions

All FAQs
  • Would the result of a referendum be legally binding?

    Only if Parliament makes it so. The legislation calling a referendum can make its outcome binding, as with the 2011 Alternative Vote referendum, or leave it advisory, as has been more usual.

  • Who would be able to vote?

    The legislation that calls a referendum decides the franchise. UK-wide referendums have generally been based on the electoral register used for general elections.

  • How long would it take?

    There is no fixed timetable. Legislation, independent assessment of the question and a regulated campaign period all take time, and a drafting process would add more. What starts the clock is Parliament agreeing to hold the vote.

  • Couldn’t a petition force a referendum?

    No. Petitions to Parliament that pass 100,000 signatures are considered for debate, but they cannot require a vote or a referendum. Only legislation can do that.

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