The case had been brought by anti-Brexit campaigner Gina Miller.
ADVERTISEMENTLondon's High Court on Friday rejected a legal challenge against British Prime Minister Boris Johnson's suspension of parliament before Brexit.
But the court said that the case, which was brought by anti-Brexit campaigner Gina Miller, could be taken to the Supreme Court for an appeal.
Backed by John Major, former UK prime minister, the case was one of three lodged since Johnson announced that parliament would be suspended for 90 days in the run-up to a Queen's speech on October 14.
In a statement, Miller said: “We are very disappointed with the judgement today. We feel strongly that parliamentary sovereignty is fundamental to the stability and future of our country and is therefore worth fighting to defend.
"As our politics becomes more chaotic on a daily basis, the more vital it is that parliament is sitting. We are therefore pleased that the judges have given permission to appeal to the Supreme Court on the grounds that our case has merit."
The case is expected to be heard on September 17, she added.
“It is not right that [parliament] should be bullied or shut down – especially at this most momentous of times in the history of our United Kingdom.”
Critics of the prime minister claimed that he was attempting to silence parliament as the deadline for Brexit - October 31 - approached. Johnson has said that the UK will leave the EU with or without a deal, and that he would rather "be dead in a ditch" than ask for an extension.
The move led to a widespread rebellion of MPs from within Johnson's own party, with 21 rebel MPs voting with the government on Tuesday to give the opposition control of parliament. MPs then passed legislation that could compel Johnson to ask the EU for an extension.
The law is currently with the House of Lords.