Landmark ruling can disrupt Brexit plan

British Prime Minister Theresa May faces a landmark court ruling on Tuesday that could put a dent in her Brexit plans by handing control of the process to restive legislators.

The Supreme Court will decide whether she can use her executive power to begin formal talks on leaving the EU, or whether she must seek prior approval from parliament.

The 11 judges are widely expected to back an earlier high court ruling that the magnitude of Brexit means the process to instigate it can only be introduced through formal legislation. May has promised to trigger article 50 of the union’s Lisbon treaty, beginning two years of divorce talks, by the end of March.

In the event that they lose the case, ministers are preparing to rush emergency legislation through the House of Commons and House of Lords.

The vote on article 50 should pass, because although May has only a slim majority among MPs, the main opposition Labour party has agreed not to block it.

But Labour leader Jeremy Corbyn said that he would table amendments to the bill which demand that ministers protect access to Europe’s single market and workers’ rights.

The Supreme Court ruling could create further complications by stating that devolved governments in Scotland, Wales and Northern Ireland have to consent to May’s plans.

The prime minister promised parliament a vote on the final Brexit deal — raising the prospect, however remote, that MPs could reject it.

The original high court decision in November drew outrage from Brexit supporters, who accused the claimants of trying to undo the result of last June’s EU referendum.

One newspaper condemned the judges as “enemies of the people” — and tensions are still running high.

But Jo Murkens, associate law professor at the London School of Economics, said the case was about the limits of the government’s “royal prerogative” powers.