Constitutionalizing constitutional law: HS2

Examines the Supreme Court decision in R. (on the application of Buckinghamshire CC) v Secretary of State for Transport on whether the process for passing the Bill authorising plans for the high-speed rail network (HS2) would breach Directive 2011/92 (Environmental Impact Assessment Directive) art.1...

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Bibliographic Details
Main Author: Craig, P
Format: Journal article
Published: Sweet and Maxwell 2014
Description
Summary:Examines the Supreme Court decision in R. (on the application of Buckinghamshire CC) v Secretary of State for Transport on whether the process for passing the Bill authorising plans for the high-speed rail network (HS2) would breach Directive 2011/92 (Environmental Impact Assessment Directive) art.1(4) as the Bill would be subject to a whipped rather than a free vote. Analyses the constitutional law issues raised in the case, including: (1) the supremacy of EU law principle; (2) the court's relationship with the European Court of Justice; and (3) the recognition of constitutional instruments.