PREROGATIVE WRITS

Prerogative writs are writs issued by a court exercising unusual or discretionary powers. A writ is defined by Black’s Law Dictionary as a court’s written order, in the name of a state or other competent legal authority, commanding the addressee to do or refrain from doing some specified act. There are several kinds of writs but the most common are: certiorari, habeas corpus, mandamus and prohibition.

i. Certiorari
Certiorari is a prerogative writ issued by an appellate court, at its discretion, directing a lower court to deliver the record in the case for review.

ii. Habeas corpus
Habeas corpus is Latin which simply means bring the body. It is a prerogative writ used to bring a person before a court, most frequently to ensure that the party’s imprisonment or detention is not illegal. In addition to being used to test the legality of an arrest or commitment, the writ may be used to extradition process. The writ directs a person who detains another in custody and commands him to produce or “have the body” of that person before the court.

iii. Mandamus
Mandamus is a prerogative writ issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly.

iv. Prohibition
A writ of prohibition is a prerogative writ which is issued by an appellate court to prevent a lower court from exceeding its jurisdiction or to prevent a non judicial officer or entity from exercising a power.




SOURCE: Black’s Law Dictionary (Abridged Seventh Edition) and Osborn’s Concise Law Dictionary (seventh edition).