Prerogative Writ

Prerogative Writ

Prerogative writs are a class of writs which originate from English law. Originally they were available only to the Crown, but later they were made available to the monarch's subjects through the courts.

The prerogative writs are:

• certiorari an order by a higher court directing a lower court to send the record in a given case for review;
• habeas corpus demands that a prisoner be taken before the court to determine whether there is lawful authority to detain the person;
• mandamus an order issued by 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 sends 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 have to exercise a power;
• scire facias one of the extraordinary writs once known as a prerogative writ.