Factortame Revisited and the Constitution Reimagined: The UK Supreme Court Takes its First Ride on the HS2 Rail-Line

[2015] 5 UK Supreme Court Annual Review 157

University of Cambridge Faculty of Law Research Paper No. 52/2015

20 Pages Posted: 12 Jun 2015 Last revised: 28 Aug 2015

See all articles by Christopher Sargeant

Christopher Sargeant

School of Law, University of Nottingham; University of Cambridge, Faculty of Law, Students

Date Written: June 1, 2015

Abstract

This paper considers the recent decision of the UK Supreme Court in the HS2 case. It argues that notwithstanding the importance of the individual technical conclusions ultimately reached on the specific questions raised, the primary significance of this decision derives instead from the important and undoubtedly welcome reasoning of the Justices concerning the relationship between the UK legal order and that of the European Union ('the EU'). This is most notable in regards its analysis of the extent of the supremacy enjoyed by the latter over the former, but also in so far as it suggests a more nuanced understanding of the constitutional model that is presently understood to exist in the UK than is ordinarily the case.

Suggested Citation

Sargeant, Christopher, Factortame Revisited and the Constitution Reimagined: The UK Supreme Court Takes its First Ride on the HS2 Rail-Line (June 1, 2015). [2015] 5 UK Supreme Court Annual Review 157, University of Cambridge Faculty of Law Research Paper No. 52/2015, Available at SSRN: https://ssrn.com/abstract=2616657

Christopher Sargeant (Contact Author)

School of Law, University of Nottingham ( email )

Nottingham
United Kingdom

University of Cambridge, Faculty of Law, Students ( email )

Cambridge
United Kingdom

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