The simple answer to the question as to whether the EU referendum is legally binding is “no”. In theory, in the event of a vote to leave the EU, David Cameron, who opposes Brexit, could decide to ignore the will of the people and put the question to MPs banking on a majority deciding to remain.
This is because parliament is sovereign and referenda are generally not binding in the UK.
An exception was the 2011 referendum on changing the electoral system to alternative vote, where the relevant legislation obligated the government to change the law to reflect a “yes” vote had that occurred. No such provision was contained within the EU referendum legislation.
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