To Brexit or not to Brexit? A Preliminary Analysis

This study sets to analyse the impending constitutional question of enforcing or disregarding the result of Britain’s EU membership referendum. For this reason, this article is divided into three parts. First, the Brexit question needs to be answered in relation to the constitutional principle of parliamentary sovereignty. Any referendum represents a challenge to Westminster’s legislative supremacy. At the same time, Parliament serves the people that elected it and symbolises the very notion of democracy, while important constitutional questions, such as Britain’s relationship with the EU, require popular consultation. Second, the procedure of leaving the EU depends on which institution has the prerogative to trigger Article 50 of the Lisbon Treaty. Third, there are questions regarding the impact that Brexit could have on the future of Scotland and Northern Ireland within the UK.