By Joana Etchart
Published in Parliaments, Estates and Representation, January 2026.
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Abstract

This article examines the impact of Brexit on devolution in Northern Ireland by tracing the historical evolution of consent as a key constitutional principle. It argues that today’s ‘shifting political sands’ stem not only from changing public opinion, but from long-term transformations in how consent has been defined, legitimised, and exercised. The study shows that consent has moved through distinct phases: from parliamentary control (1921–49) to a dual parliamentary-public source of legitimation (1969–72), and finally to exclusive reliance on a public referendum in and after the 1973 border poll. The 1998 Belfast/Good Friday Agreement reaffirmed the principle of consent, clarified its meaning and function, and, paradoxically, also contributed to placing its exercisability in abeyance, creating a mechanism that is well-defined yet rarely, if ever, exercised. Therefore, this article argues that current debates on the border poll are less about choosing between devolution, direct rule or unity, and more about whether the referendum mechanism of consent is actually exercisable in light of its history consisting of a precedent implemented under exceptional conditions, followed by decades of non-use. It concludes that the viability of devolved institutions also depends on strengthening the parliamentary and interparliamentary channels – in Northern Ireland, the United Kingdom (UK) and Ireland (RoI) – to increase the levels of approval for the consultation process.