The Scottish government will try to prevent Theresa May from triggering Article 50 without the consent of the UK parliament at the supreme court next month, Nicola Sturgeon has confirmed.
The first minister said she will instruct Scotland's most senior lawyer, known as the lord advocate, to build a case to stop the UK government from beginning the process of leaving the EU without first winning the approval of the Westminster parliament.
Sturgeon's intervention comes after the UK government confirmed it will appeal the decision of the English high court, which was announced last week, that the prime minister cannot trigger Article 50 without parliamentary approval.
The Scottish government's legal case will also argue that Holyrood should be consulted on Article 50, but lawyers have previously told BuzzFeed News there is nothing in law which would require May to seek the Scottish parliament's consent before she starts the process of exiting the EU.
“The Scottish Government is clear that triggering Article 50 will directly affect devolved interests and rights in Scotland, and triggering Article 50 will inevitably deprive Scottish people and Scottish businesses of rights and freedoms which they currently enjoy," said Sturgeon on Tuesday afternoon.
“It simply cannot be right that those rights can be removed by the UK government on the say-so of a Prime Minister without parliamentary debate, scrutiny or consent. So legislation should be required at Westminster and the consent of the Scottish parliament should be sought before Article 50 is triggered."
However, Sturgeon denied that the move was an attempt to block Brexit in its entirety, saying that there should be "no attempt to veto" the process of England and Wales leaving the EU.
But the first minister urged May to listen to the "democratic wishes" of people in Scotland, where 62% voted Remain in June, saying: "The prime minister said that on June 23 people across the UK had voted with, in her words, 'emphatic clarity' when they voted by a margin of 4 points to leave the EU.
“The margin for remain in Scotland was 24 points: a far more emphatic and clear result. So the Prime Minister needs to live up to her promise to treat Scotland as an equal partner in the United Kingdom and listen to the will of the people of Scotland.”
The SNP's deputy leader, Angus Robertson MP, has previously told BuzzFeed News that he is already talking to MPs from other parties to build a majority to block Brexit in parliament if it comes to a vote in the House of Commons.
Downing Street has been contacted for comment.