The Prerogative Writs

Abstract

The object of this paper is to give a general account of the nature and development of the prerogative writs. Of these writs the best known are habeas corpus ad subjiciendum, to bring up the body of a person imprisoned on a criminal charge or in private detention; certiorari, to review orders and convictions of inferior tribunals and to remove indictments for trial; prohibition, to prevent inferior tribunals from going beyond their jurisdiction; and mandamus, to compel the performance of a public duty. All four are of high constitutional importance, and the last three in particular play a central role in administrative and magisterial law. In the common-law jurisdictions overseas their significance is not less than in England, and in some instances it is even greater because of the more extensive spheres of operation conferred upon them. In England an Act of 1938 replaced the prerogative writs of certiorari, prohibition and mandamus by orders of the same names, but the change of designation reflected only a simplification of procedure; the substantive law remains the same, and for convenience they will here be described as if they were still prerogative writs.