BBC News website, 24th January.
Parliament must vote on whether the government can start the Brexit process, the Supreme Court has ruled.
The judgement means Theresa May cannot begin talks with the EU until MPs and peers give their backing – although this is expected to happen in time for the government’s 31 March deadline.
But the court ruled the Scottish Parliament and Welsh and Northern Ireland assemblies did not need a say.
Brexit Secretary David Davis promised a parliamentary bill “within days”.
Sources have told the BBC the bill – to trigger Article 50 of the Lisbon Treaty and get formal exit negotiations with the EU under way – will be introduced this Thursday, with an expectation that it could pass through the House of Commons in a fortnight.
What the Supreme Court case was about
During the Supreme Court hearing, campaigners argued that denying the UK Parliament a vote was undemocratic and a breach of long-standing constitutional principles.
They said triggering Article 50 would mean overturning existing UK law, so MPs and peers should decide.
But the government argued that, under the Royal Prerogative (powers handed to ministers by the Crown), it could make this move without the need to consult Parliament.
And it said that MPs had voted overwhelmingly to put the issue in the hands of the British people when they backed the calling of last June’s referendum in which UK voters backed Brexit by 51.9% to 48.1%.
What the court said
Reading out the judgement, Supreme Court President Lord Neuberger said: “By a majority of eight to three, the Supreme Court today rules that the government cannot trigger Article 50 without an act of Parliament authorising it to do so.”
He added: “Withdrawal effects a fundamental change by cutting off the source of EU law, as well as changing legal rights.
“The UK’s constitutional arrangements require such changes to be clearly authorised by Parliament.”
The court also rejected, unanimously, arguments that the Scottish Parliament, Welsh Assembly and Northern Ireland Assembly should get to vote on Article 50 before it is triggered.
Lord Neuberger said: “Relations with the EU are a matter for the UK government.”
Supreme Court ruling – key points
• The 1972 Act that took the UK into the then EEC creates a process by which EU law becomes a source of UK law;
• So long as that act remains in force, it means that EU law is an “independent and overriding source” of the UK’s legal system;
• Unless Parliament decides otherwise, this remains the case;
• Withdrawal from the EU makes a fundamental change to the UK’s constitutional arrangements because it will cut off the source of EU law;
• Such a fundamental change will be the inevitable effect of a notice being served;
• The UK constitution requires such changes can only be made by Parliament;
• The fact that withdrawal from the EU would remove some existing domestic rights of UK residents also renders it impermissible for the government to withdraw from the EU Treaties without prior parliamentary authority