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 ?
The DILG, all its bureaus, offices and attached agencies are hereby enjoined to observe the rule of law and ensure the observance of human rights in the place or part of the country where martial law was proclaimed and the prerogative writ of liberty suspended,' he added.
12) Historically, the writ of mandamus was considered a "highly prerogative writ, usually issuing out of the highest court of general jurisdiction" in order to direct an "inferior court within the jurisdiction to do some particular thing therein specified, and which appertains to their office or duty.
Clause 19(1) of the initial EARC draft bill (which became s 41(1) of the JRA) provided that the Supreme Court would 'not have jurisdiction to issue a prerogative writ of mandamus, prohibition or certiorari'.
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.
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.
9) Commonwealth, Prerogative Writ Procedures: Report of Committee of Review, Pad Paper No 56 (1973) ('Ellicott (Committee Report').
Although James Bagg's Case dealt with the writ of mandamus, Halliday and White suggest that the writ of mandamus and the writ of habeas corpus, both prerogative writs, share these equitable principles.
Just as ancient restrictions in the law relating to the prerogative writs and orders have not prevented the courts from extending the requirement of natural justice, namely the duty to act fairly, so that it is required of a purely administrative act, so also has the modern law, .
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.
and was intended to fill the interstices between direct appeal and the other prerogative writs.