Constitutionalizing constitutional law: HS2

Journal article

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.

Authors: Craig, P

• Publication status: Published
• Peer review status: Peer reviewed
• Publisher: Sweet and Maxwell
• Journal: Public Law
• Volume: 2014
• Issue: July
• Pages: 373-392
• Publication date: 2014-01-01
• Acceptance date: 2014-02-04
• ISSN: 0033-3565
• Keywords: legislative proceedings; hybrid bills; environmental impact assessments; judicial co-operation; public participation; supremacy of EU law; party whips; EU law; railways; constitutional law; parliamentary sovereignty