What does the British High Court decision mean for Brexit?
The British High Court ruled earlier today that Britain cannot start the process of leaving the EU without the approval of parliament. The landmark judgement is a blow to Prime Minister Theresa May and could delay Brexit. Here is what it all means.
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How did the High Court explain its decision?
The three senior judges argued that the British government doesn't have the power itself to trigger Article 50 of the European Union Lisbon Treaty - in opposition to what Theresa May wanted.
The argument is plain and simple: according to the lord chief justice, “the most fundamental rule of the UK constitution is that parliament is sovereign”.
"I think that the judgment is a good one," says Maya Lester, a senior barrister who specializes in public law at Brick Court Chambers in London.
"I'm sure there'll be loads of arguments still to come in the Supreme Court. There's plenty to argue about in the judgment, but don't I think that it looks like a plausible and well reasoned judgment? Yes."
The British government has said it will appeal the ruling... Can the decision be overuled?
The case is now going to be put in front of Britain's Supreme court, which is expected to hear it at the beginning of December.
"I think [an overuling] is unlikely," Alina Tryfonidou, a specialist of EU law, told RFI. "I think the case has been very well argued and I don't think the verdict will be upheld by the Supreme Court."
What does this mean for Brexit ?
May previously accused those behind the legal challenge of seeking to frustrate the Brexit process.
But the claimants -- including an investment fund manager, a hairdresser and an expatriate living in France -- argue that Britain was taken into the EU by parliament, and only parliament can make the decision to leave.
"On of the issues with this case is that some people thought it was an atempt from Remainers to block Brexit, but the reality is that it is unlikely that MPs would try do to so," says Alina Tryfonidou. "They are aware that a majority of people voted for Brexit."
However, most of the British Members of Parliament campained against Brexit and could push for a softer exit from the EU.
May intends to trigger Article 50 between the New Year and the end of March... but the timetable may be derailed by the case.
But the judgment is not cledar as to whether it means the government should have to pass an act of parliament to invoke article 50.
The British press is talking about a "landmark case". Why?
That's because the case is part of an ongoing discussion on whether parliament of the government as a say on certain issues. The UK has no written constitution, but its politcal system revolves around parliament.
"There is an ongoing question of the boundries of the prerogative power exercised by the Crown," explains Ruvi Ziegler, a Lecturer in Law at the Reading University. "There's still areas of disagreements as to where that power lies.
"One of them concerns the conduct of international treaties and the effects that may on indivudal rights. The fact that the court here says that the Crown cannot engage in [Brexit] sets one of these question in quite a clear light."
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