Prerogative Writ

Prerogative Writ

Prerogative writs are a class of writs which originate from English law. Originally they were available only to the Crown, but later they were made available to the monarch's subjects through the courts.

The prerogative writs are:

  • certiorari an order by a higher court directing a lower court to send the record in a given case for review;
  • habeas corpus demands that a prisoner be taken before the court to determine whether there is lawful authority to detain the person;
  • mandamus an order issued by higher court to compel or to direct a lower court or a government officer to perform mandatory duties correctly;
  • prohibition directing a subordinate to stop doing something the law prohibits;
  • procedendo sends a case from an appellate court to a lower court with an order to proceed to judgment;
  • quo warranto requiring a person to show by what authority they have to exercise a power;
  • scire facias one of the extraordinary writs once known as a prerogative writ.

Read more about Prerogative Writ:  England and Wales, India, Pakistan, United States

Other articles related to "prerogative writ, writs":

Prerogative Writ - United States
... In the United States federal court system, the issuance of writs is authorised by U.S ... vague in order to allow the courts flexibility in determining what writs are necessary "in aid of their jurisdiction" ... Use of writs at the trial court level has been greatly curtailed by the adoption of the Federal Rules of Civil Procedure and its state court counterparts, which specify that there is "one form of action" ...

Famous quotes containing the words writ and/or prerogative:

    We cannot learn the cipher
    That’s writ upon our cell;
    Stars help us by a mystery
    Which we could never spell.
    Ralph Waldo Emerson (1803–1882)

    I believe that in the history of art and of thought there has always been at every living moment of culture a “will to renewal.” This is not the prerogative of the last decade only. All history is nothing but a succession of “crises”Mof rupture, repudiation and resistance.... When there is no “crisis,” there is stagnation, petrification and death. All thought, all art is aggressive.
    Eugène Ionesco (b. 1912)