header-logo header-logo

Laying the tracks

04 July 2014 / Ben Gaston
Issue: 7613 / Categories: Features , Public , Constitutional law
printer mail-detail
public_gaston

Ben Gaston analyses the constitutional implications of the Supreme Court’s ruling on HS2

Few projects have aroused such controversy and media furore as HS2, the government’s proposal for a high-speed rail link between London and the north. Equally sparse are judgments that threaten to alter the constitutional landscape that underpins our legal system. The Supreme Court’s decision in R (HS2 Action Alliance Limited) and others v Secretary of State for Transport [2014] UKSC 3 is one such case.

The practical consequence of the judgment is simple: in dismissing the appeals of various HS2 opponents, the highest court in the land gave the green light to phase one of the project. The potential constitutional ramifications are, however, less certain.

This article addresses one particular aspect of the judgment, namely its implications for the supremacy of EU law in the UK.

The arguments

The appellants’ second ground of appeal was that the hybrid Bill procedure, under which Parliament was invited to authorise HS2, did not comply with the requirements of the Environmental Impact Assessment

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll