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

NLJ Career Profile: Mark Hastings, Quillon Law

NLJ Career Profile: Mark Hastings, Quillon Law

Mark Hastings, founding partner of Quillon Law, on turning dreams into reality and pushing back on preconceptions about partnership

Kingsley Napley—Silvia Devecchi

Kingsley Napley—Silvia Devecchi

New family law partner for Italian and international clients appointed

Mishcon de Reya—Susannah Kintish

Mishcon de Reya—Susannah Kintish

Firm elects new chair of tier 1 ranked employment department

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll