The Supreme Court’s welcome attack on the Court of Justice

British Government and the Constitution

The UK Supreme Court’s judgment in the HS2 case marks the year’s first big constitutional case. The case was brought by campaign groups hostile to (or otherwise critical of) the Government’s plans for a new high-speed rail-link between London, the Midlands, the north of England and (perhaps, one of these days) Scotland. (In a stroke of unintended irony I read the judgment on a Virgin Pendolino yesterday travelling from Euston to Glasgow, a journey which at the moment takes about four and a half hours.) The claim was that the Government’s chosen means of implementing HS2 were incompatible with EU law governing the “environmental impact” of planning decisions. A panel of seven Justices of the Supreme Court was unanimous in holding that there was no breach of the EU directives and that, in the circumstances, there was no need for the matter to be referred to the Court of Justice…

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