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| Administrative law |
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| Grounds for judicial review |
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Administrative law in common law jurisdictions |
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Administrative law in civil law jurisdictions |
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"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.[1] 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.[2]
Six writs are traditionally classified as prerogative writs:[2]
- 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.[3]
- ^ Hill, Gerald N.; Hill, Kathleen (2002). The people's law dictionary: taking the mystery out of legal language. New York: MJF Books. ISBN 9781567315530.
- ^ a b Lehman, Jeffrey; Phelps, Shirelle (2005). West's Encyclopedia of American Law. Vol. 8 (2nd ed.). Detroit: Thomson/Gale. p. 68. ISBN 9780787663742.
- ^ Antieau, C. J. (1987). The Practice of Extraordinary Remedies: Habeas Corpus and the Other Common Law Writs. Vol. II. Oceana. p. 802.