La ilegitimidad del referéndum del Brexit

On the basis of democracy, the result of the EU referendum needs to be - if not annulled - at the very least debated and voted on by Parliament. I am not seeking to reverse a decision that I don’t agree with by looking for new rules or seeking a second referendum (for if the first was a mistake a second would be a greater error) but the simple truth is that the referendum outcome is democratically illegitimate. It cannot be justified on the appeal to democracy.

The outcome of a referendum is unlike the outcome of a general election where simple majorities determine the result. A referendum on a matter of major national importance and in which huge constitutional issues are implicated is in itself not decisive. It is consultative. Many countries have rules on the conduct of referenda, such as the size of the majority decision for it to be binding and the relation of the majority to the percentage of the eligible electorate who voted. The UK does not have those rules. However, the absence of such regulations does not mean that a referendum must be automatically enacted regardless of the consequences and the size of the majority.

If the outcome is detrimental to the collective good - and in this case it is demonstrably contrary to the national interest - and leads to undemocratic outcomes, it follows that the argument of majoritarianism does not in itself hold up as the only criterion of legitimacy. | Gerard Delanty

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