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Since we have an unwritten constitution, there is no law, constitutional or otherwise, that dictates what the status of a referendum is, unless and until it becomes a matter of understood convention that Parliament always enacts such legislation as is necessary to give effect to the will of the people, as expressed in such a referendum. Unfortunately we seem to be very far from such a constitutional convention having been established. Certainly, our politicians are falling over themselves to say how much they want to adhere to the 'will of the people' by referring to 'Brexit means Brexit' but that is a matter of very understandable political expediency borne out of fear of being seen to go against the referendum vote.

However, in a Parliamentary democracy it is Parliament that legislates, not the people. Where the outcome of a referendum requires legislation (as there must be here) then there can be no constitutional convention that Parliament will always pass the necessary laws to give effect to any referendum, unless it is clear in advance what that legislation will be (cf other jurisdictions such as California, where referenda can only relate to already drafted legislation). Here, we cannot know what form the legislation needs to take, because no-one has a clue what the legislation needs to look like.

In this context it is fascinating that the Prime Minister, in referring to 'the Great Repeal Bill', appears to have something quite specific in mind. According to the Guardian "The aim of the legislation will be to end the authority of EU law by converting all its provisions in British law on the day of exit from the bloc. At the same time, the 1972 European Communities Act giving direct effect to all EU law will be repealed". This suggests something along the lines of--
1. The European Communities Act 1972 (the 1972 Act) is repealed.
2. All United Kingdom legislation, whether primary or secondary, which has depended for its effect on the 1972 Act, whether directly or indirectly, shall continue to have effect as if enacted by Parliament or, in the case of secondary legislation, made by a person having authority under an Act of Parliament.
There you are - no problem! Simply keep the same body of legislation in place unless and until Parliament elects to change it (without of course now being beholden to the machinery of the EU when making such changes).

Oh how one might wish it was that simple. Look closer and see how unworkable this would be at the detailed level... Just one example - what about the legislation underpinning the distribution of money that emanates from the EU? Farming subsidies, regional development grants are among the things that spring to mind. These things will not be dealt with by any 'Great Repeal Bill' unless it deals also with the re-sourcing of the funds that have hitherto emanated from EU so that they come out of the UK Exchequer instead. So, already the Bill has become much more complex.

In fact any kind of simple 'for EU read Parliament' approach seems doomed to failure under the weight of the task; something much more detailed is going to be required. EU law, with all its ramifications, has become woven into the fabric of UK law and this will need to be painstakingly unpicked. And the Government and Parliament will need to gear up properly to this task, the first part of which is be to work out what a post-exit UK should look like. But, (a) there are clear differences, even within the Conservative party, as to what is currently wanted, and (b) we have yet to enter into and conduct the negotiations with our EU neighbours that will have a profound effect on what will happen post-exit.

Just one more issue to think about - what about those bits of EU-based legislation that deal with issues where the subject matter has been devolved to the Scottish Parliament and/or Welsh Assembly? Here there is now a convention that the UK Parliament will no longer legislate in these areas except with the consent of the devolved legislature. How is that going to work in relation to any Great Repeal Bill, eh?