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Prerogative Writ |
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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. Want to thank TFD for its existence? Tell a friend about us, add a link to this page, add the site to iGoogle, or visit the webmaster's page for free fun content. |
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In India the Supreme Court under Article 32 and the High Courts under Article 226 of the Constitution exercise power of judicial review and if a decision is void the Supreme Court or the High Courts as the case may be have not only power to issue five prerogative writs but also any other writs or directions or order which is appropriate in facts and circumstances of the case . A prerogative writ issued by Edward I in 1286, Circumspecte Agatis, recognized and reaffirmed the King's understanding of the distinction between purely spiritual matters (quae mere sunt spiritualia) and civil matters. 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. |
Prerogative Writ |
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