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The Constitutional Principle of Democracy in the United Kingdom
Journal article   Open access   Peer reviewed

The Constitutional Principle of Democracy in the United Kingdom

Leah Trueblood
Oxford Journal of Legal Studies
27/07/2026

Abstract

Democracy is invoked so frequently in UK law, there is a risk that it has no legal meaning. Responding to this risk, this paper has three aims. First, to descriptively establish some of the legal content of democracy in the UK. Second, to argue that the legal content of democracy amounts to a constitutional principle. This means that democracy shapes the scope of the legal powers of the executive, courts, and even Parliament. The third, normative part of the paper argues that there is a tension in the construction of the UK’s constitutional principle of democracy. Currently, courts have been clear the right to vote is a product of statute rather than common law principle. This approach to voting, this paper argues, cannot be reconciled with the rest of the UK’s constitutional principle of democracy.

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