Prerogative writ

"Prerogative writ" is a historic term for a writ (official order) that directs the behavior of another arm of government, such as an agency, official, or other court. It was originally available only to the Crown under English law, and reflected the discretionary prerogative and extraordinary power of the monarch. The term may be considered antiquated, and the traditional six comprising writs are often called the extraordinary writs and described as extraordinary remedies. Six writs are traditionally classified as prerogative writs: certiorari, an order by a higher court directing a lower court to send the record in a given case for review; habeas corpus, a demand that a prisoner be taken before the court to determine whether there is lawful authority to detain the person; mandamus, an order issued by a 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, to send 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 exercise a power. Additionally, scire facias, one of the extraordinary writs, was once known as a prerogative writ. The prerogative writs are a means by which the Crown, acting through its courts, effects control over inferior courts or public authorities throughout the kingdom. The writs are issued in the name of the Crown, who is the nominal plaintiff, on behalf of the applicant. The prerogative writs other than habeas corpus are discretionary remedies, and have been known as prerogative orders in England and Wales since 1938. The writs of quo warranto and procedendo are now obsolete, and the orders of certiorari, mandamus and prohibition are under the new Civil Procedure Rules 1998 known as "quashing orders", "mandatory orders" and "prohibiting orders" respectively. The writ of habeas corpus is still known by that name.

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Related concepts (9)

Prerogative writ

Subpoena ad testificandum

A subpoena ad testificandum is a court summons to appear and give oral testimony for use at a hearing or trial. The use of a writ for purposes of compelling testimony originated in the ecclesiastical courts of Church during the High Middle Ages, especially in England. The use of the subpoena writ was gradually adopted over time by civil and criminal courts in England and the European continent. The subpoena developed as a creative writ, the "writ subpoena", from the Court of Chancery.

Certiorari

In law, certiorari is a court process to seek judicial review of a decision of a lower court or government agency. Certiorari comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "Certiorari volumus..." ("We wish to be made certain...").