Abstract

The aim of the essay is to investigate the outlines and effects of the referendum (advisory or consultative) within the principles of the British Constitution, starting from the Reference of the UK Supreme Court on IndyRef. 2 and through some references to certain decisions of the Italian Constitutional Court on the experience gained on attempts at regional popular consultations. In particular, it highlights the force of constitutional constraint that derives from the political response of the electorate towards the representative bodies regardless of the formal absence of juridical effects. Lastly, wondering if it is possible to affirm the existence of a constitutional convention on the subject of referendums within His Majesty’s order.