R (Buckinghamshire County Council) v Transport Secretary [2014] UKSC 3; [2014] 1 WLR 324

Court: Supreme Court

Facts: The UK Government proposed a high-speed rail project (HS2). Opponents argued that the parliamentary process for approving HS2 breached EU environmental directives. The claimants sought judicial review, arguing the Bill of Rights 1688 took precedence over EU law.

Issue: Does the Bill of Rights 1688 take precedence over the European Communities Act 1972?

Held: The Supreme Court rejected the challenge, holding that the HS2 project complied with EU law. In obiter, the court discussed the hierarchy between constitutional statutes, suggesting that the Bill of Rights might take precedence over the ECA 1972.

Key Judicial Statement: The court, building on Thoburn, noted that certain constitutional statutes, like the Bill of Rights, may have greater significance and be protected from implied repeal by later statutes.

💡Leveluplaw: Constitutional statutes may exist in a hierarchy, and certain fundamental statutes could be more difficult to repeal or modify than others.