Prerogative Writ


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Prerogative Writ

Formerly a court order issued under certain circumstances on the authority of the extraordinary powers of the monarch.

The prerogative writs were procedendo, Mandamus, prohibition, quo warranto, habeas corpus, and certiorari. Today these forms of relief are also called extraordinary remedies and are issued on the strength of the inherent powers of the court to enforce its orders and to do justice. The paper granting a petition for an extraordinary remedy is still called a writ. For example, a writ of certiorari grants the petitioner an opportunity to appeal the decision of a lower court in a case where he or she does not have a right to appeal.

prerogative writ

n. an historic generic term for any writ (court order) directed to government agencies, public officials or another court.

References in periodicals archive ?
substance of prerogative writ appeals, and thus actions in lieu of
review by an action in lieu of prerogative writ was immune from
heritage with New Jersey's action in lieu of prerogative writ.
In his "Land Use--Prerogative Writ Actions" lecture, Elward discussed all aspects of prerogative writ actions in land use related matters, including the procedural aspects of filing a complaint, establishing the record, and how to deal with planning boards.
As anyone attending this birthday party already knows, the court in Marbury interpreted section 13 of the Judiciary Act of 1789 to provide the Supreme Court with original jurisdiction to issue the prerogative writ of mandamus to federal officers such as Secretary of State James Madison, but refused to issue such a writ because to do so would exceed the original jurisdiction permitted the Supreme Court by Article III of the Constitution.
17) Specifically, as Blackstone put it, the prerogative writ of mandamus was "a command issuing in the king's name from the court of king's bench, and directed to any person, corporation, or inferior court of judicature, within the king's dominions; requiring them to do some particular thing therein specified, which appertains to their office and duty, and which the court of king's bench has previously determined, or at least supposes, to be consonant to right and justice.
Implicitly, however, it indicates that whether the Supreme Court is empowered to issue a particular prerogative writ depends, in the first instance, on whether Congress authorized it to do so.
117) As a prerogative writ, habeas corpus required an explanation for any deprivation of an individual's liberty,(118) Courts thus recognized that liberty could be endangered not only by the state, but by private actors as well.
1619) (explaining that it was in the nature of habeas corpus as a prerogative writ that the "King ought to have an account why any of his subjects are imprisoned").
and was intended to fill the interstices between direct appeal and the other prerogative writs.
The former Citizens' Representative is now questioning that decision of the House by way of an application to the Supreme Court Trial Division seeking Orders in the nature of the prerogative writs claiming, inter alia, that the House failed to respect the rules of natural justice in taking this action.
23) Although "intended to fill the interstices between direct appeal and the other prerogative writs, .