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arrowsmithtoday at 3:31 PM2 repliesview on HN

The Brexit referendum was non-binding for important constitutional reasons.

Legally, leaving required an Act of Parliament. To hold a binding referendum, they would have had to pass an Act that says "here are the exact details of how we'll leave the EU, coming into force if the referendum passes".

But that would have required them to figure out all the exact details of what it means to leave the EU, and they didn't bother - they just held the referendum and assumed they could figure out the details later if Leave won, which they didn't expect would happen.

We all saw how well that worked out.

> there was sufficient political capital to push it through without a follow up vote.

This seriously overstates how smoothly things went between 23/6/2016 and 31/1/2020


Replies

gausswhotoday at 4:42 PM

Maybe you can help illuminate something that confused me about the result of the referendum. I thought it was worded such that voting yes would lead to a committee determining the details, and that that would lead to a second referendum? It felt like the UK population was tricked into voting for a 'sure I'll hear out your plan' which then turned into 'cool, we'll make a plan and then begin implementing it'.

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arlorttoday at 7:02 PM

Also I believe there just isn't a constitutional mechanism in the UK for parliament to bind itself in such a way