Injunction, Declaration, Quo Warranto, and Habeas Corpus

Abstract

Abstract The focus now shifts to four other important remedies: injunction, declaration, quo warranto, and habeas corpus. The first two were general remedies, and the latter two were more specific, since they targeted particular wrongs. The injunction is the most under-appreciated of public law remedies. It was the remedy of choice for many who sought to prevent wrongdoing. The declaration only became a significant public law remedy at the beginning of the 20th century because of resistance from the courts. The information in the nature of quo warranto was an important remedy used to secure an office and was forged by an admixture of judicial and legislative initiative. Habeas corpus is in some respects the most famous and also the most complex when viewed from a historical perspective. The final section of the chapter considers continuity and change in the remedial architecture in the 20th to 21st centuries.