Brexit and the Northern Ireland Constitution

Abstract

Abstract This chapter presents a summative analysis of the impact of Brexit on the Northern Ireland constitution by setting out the twelve key findings that arise from this research. In brief, Brexit: 1. Established the EU as ‘protector’ of the 1998 Agreement. 2. Exposed and exacerbated discrepancies between domestic and international law provisions for the Northern Ireland constitution. 3. Reaffirmed a narrow interpretation of the principle of constitutional consent. 4. Added a new dimension to the principle of consent. 5. Exposed the fragility of devolved government in Northern Ireland to external shocks. 6. Strengthened the executive powers of the UK Government vis-à-vis those of the devolved government in Northern Ireland. 7. Resulted in more specific legal protections for aspects of Strand Two than for Strand One or Strand Three. 8. Incentivised deeper North–South cooperation as a means of addressing ‘gaps’ in the post-Brexit arrangements for Northern Ireland. 9. Catalysed a shift in the nature of UK and Ireland approaches to Northern Ireland. 10. Resulted in a new mechanism for resolution of disputes regarding Northern Ireland in non-devolved areas. 11. Led to some clarification about the nature of ‘East–West’ intergovernmental cooperation and incentivised putting aspects of British-Irish cooperation on a more secure legal footing. 12. Caused a discursive reframing of ‘East–West’ relations to now include ‘GB–NI’.