The government's plans to extend the terror detention plans to 42 days will be defeated by the House of Lords, according to David Davis.
The former shadow home secretary said he expected peers - including Labour lords - to oppose the proposals by a "huge majority".
Despite significant opposition from the Conservatives, Liberal Democrats and many Labour MPs, the controversial measure passed through the House of Commons by nine votes in June.
The extension of the pre-charge custody time limit for terror suspects from 28 to 42 days, included in the Counter-Terrorism Bill, was the precursor to Mr Davis' resignation as a member of parliament.
Peers are to vote on the plans on Monday and speaking on BBC1's Andrew Marr Show, Mr Davis said he expects the bill to "be thrown out by a huge majority".
"It was something that was profitable for the government - they thought by having 42 days and us opposing it they would make us look weak and them look strong," he explained.
"That was when 70 per cent supported it; now it's about 30 per cent supporting the government."
He added: "Their own party probably won't support them in the Parliament Act, so I think it's probably over."
Mr Davis announced he would resign in June and stand in the resulting by-election to create an effective referendum on plans to detain terror suspects without charge for six weeks.
He said the attempt to block the 42-day terror detention proposals was a "noble endeavour".
The MP for Haltemprice and Howden was re-elected in July and vowed to continue his campaign against the "erosion" of civil liberties under Labour.