UK government loses Brexit case, must consult Parliament

LONDON -- Britain's government warned lawmakers not to try to "thwart the will of the people" after the Supreme Court ruled Tuesday that Prime Minister Theresa May must seek the approval of Parliament before beginning the formal process of leaving the European Union.

The 8-3 decision forces the government to put a bill before Parliament, giving members of the House of Commons and the unelected House of Lords a chance to debate and potentially offer amendments that could soften the terms of Britain's exit from the EU, known as Brexit.

While the government insisted its timetable of beginning the talks by the end of March remained on track, some analysts warned a defeat in the House of Lords, where May does not have a majority, could delay the process by a year or more.

"Parliament will rightly scrutinize and debate this legislation," David Davis, the government's Brexit secretary, told the House of Commons after the ruling. "But I trust no one will seek to make it a vehicle for attempts to thwart the will of the people, or frustrate or delay the process of our exit from the European Union."

While the ruling won't scuttle Britain's departure, mandated by voters in a June 23 referendum, it again highlights the uncertainties in negotiating the country's future relationship with the bloc of 500 million people, which is central to trade, immigration and security.

The pound has fallen about 20 percent against the dollar since the vote on concern about slower economic growth and reduced investment.

May's government fought to avoid putting the matter before Parliament, in part because amendments to the legislation could delay her timetable and force her into complicated concessions with her lawmakers before she even sits across the table before the other 27 members of the EU.

"Unfortunately for businesses and other institutions, Brexit still means uncertainty," said Phillip Souta, head of UK public policy at the law firm Clifford Chance. "Parliament remains divided and the outcome of the negotiations remain unknown."

Putting the issue before Parliament is not a simple matter.

While May holds sway in the House of Commons, the House of Lords have in recent years stalled dozens of pieces of legislation with which they disagreed, including an attempt by May's predecessor to impose welfare cuts on the vulnerable.

The government backed down after the delay.

The lawsuit was considered the most important constitutional case in a generation because it centered on the question of who wields power in Britain's system of government: the prime minister and her Cabinet, or Parliament.

May had said she would use centuries-old powers known as royal prerogative to invoke Article 50 of the EU treaty and launch two years of exit talks.

The powers -- traditionally held by the monarch -- permit decisions about treaties and other specific issues to be made without a vote of Parliament.