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The term certiorari (US English: / ˌ s ɜːr ʃ i ə ˈ r ɛər i /, /-ˈ r ɑː r ɪ /, or /-ˈ r ɛər aɪ /; [1] [2] [3] [a] UK English: / ˌ s ɜːr t i oʊ ˈ r ɛər aɪ / or /-ˈ r ɑː r ɪ /) [5] [6] comes from the words used at the beginning of these writs when they were written in Latin: certiorari [volumus] "[we wish] to be made more certain".
The orders which a High Court may issue under Article 199 are also known as writs. They are the writs of prohibition, mandamus, certiorari, habeas corpus and quo warranto. Mr. Justice Rustam Kayani, the former Chief Justice of West Pakistan High Court was a great admirer of the writ jurisdiction.
At the same time, the British Indian Ocean Territory (Immigration) Order 2004 came into effect, prohibiting entry to or presence in BIOT without a permit. In response, Bancoult brought a second case, claiming that Cook's statement had created a legitimate expectation (later frustrated by the 2004 orders) and questioning the validity of the ...
In this history of English common law, original writs began a legal proceeding, while a judicial writ was issued during a legal proceeding. [ 9 ] The writ was a unique development of the Anglo-Saxon monarchy and consisted of a brief administrative order, authenticated (innovatively) by a seal . [ 10 ]
Taft also journeyed to the United Kingdom in 1922, to study the procedural structure of British courts. When approved in 1925, "the Judges Bill", as it was known, dramatically shrank the number of cases coming directly to the court, yet retained a mandatory oversight on cases that raised questions involving federal jurisdiction.
Habeas corpus (/ ˈ h eɪ b i ə s ˈ k ɔːr p ə s / ⓘ; from Medieval Latin, lit. ' you should have the body ') [1] is an equitable remedy [2] by which a report can be made to a court alleging the unlawful detention or imprisonment of an individual, and requesting that the court order the individual's custodian (usually a prison official) to bring the prisoner to court, to determine ...
Judicial review is a part of UK constitutional law that enables people to challenge the exercise of power, usually by a public body.A person who contends that an exercise of power is unlawful may apply to the Administrative Court (a part of the King's Bench Division of the High Court) for a decision.
The Constitution of Australia contains no specific provision permitting the Commonwealth Parliament to pass bills of attainder. The High Court of Australia has ruled that bills of attainder are unconstitutional, because it is a violation of the separation of powers doctrine for any body to wield judicial power other than a Chapter III court—that is, a body exercising power derived from ...