Power to the People: The Rise of Referenda in Poland and the United Kingdom

The past few years mark a rebirth of direct democracy in many European countries, including Poland and the United Kingdom (hereafter UK), where referenda seem to have gained in popularity and importance. This article intends to trace the phenomenon of the referendum in the legal orders of both countries. Following a brief outline of the recent emergence of referenda in Poland and the UK, the first section of this article will provide an analysis of the historical role of direct democracy in these countries; evidencing that attempts have been made to introduce the doctrine of popular sovereignty in both legal systems. The article will then describe the breaking point at which referenda began gaining constitutional recognition in both countries. The final sections will focus on the current regulation of referenda in both systems, and closely analyse the case of constitutional referenda.