header-logo header-logo

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

Laying the tracks

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

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Foreign judgment creditors have gained a route to recovery after the Supreme Court’s ruling in Drelle v Servis-Terminal
Surrogacy is growing in popularity, but parents-to-be face a complex legal framework
Winning a judgment may be only the beginning of an expensive enforcement battle, writes Professor Dominic Regan in this week's NLJ
back-to-top-scroll