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In law, certiorari is a court process to seek judicial review of a decision of a lower court or government agency. Certiorari comes from the name of a prerogative writ in England, issued by a superior court to direct that the record of the lower court be sent to the superior court for review.
A writ of mandamus (/ m æ n ˈ d eɪ m ə s /; lit. ' 'we command' ') is a judicial remedy in the English and American common law system consisting of a court order that commands a government official or entity to perform an act it is legally required to perform as part of its official duties, or to refrain from performing an act the law forbids it from doing.
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.
The Constitution broadly provides for five kinds of "prerogative" writs: habeas corpus, certiorari, mandamus, quo warranto and prohibition: The writ of prohibition (forbid) is issued by a higher court to a lower court, prohibiting it from taking up a case because it falls outside the jurisdiction of the lower court. Thus, the higher court ...
In England, the Administrative Court (part of the Queen's Bench Division of the High Court of Justice) now issues "quashing orders" rather than writs of certiorari. [11] In the United States, the Supreme Court of the United States grants writs of certiorari "to review questions of law or to correct errors or excesses by lower courts". [12]
Judicial review in Canada has its roots in the English common law system, where there are two sources of judicial review: the prerogative writs of certiorari and mandamus, and actions for damages. [3] The British colonies that now form Canada were subject to administrative law from their very beginnings.
It corresponds to certiorari, except that certiorari is a higher court's order to a lower court to send the record of a case to it for appellate review. In Canada, the writ of certiorari is a discretionary remedy sought in a superior court to quash the decision of the lower court. It is distinct from an appeal in that it, in general, is used to ...
A peremptory writ of mandamus (also peremptory writ of mandate or simply peremptory mandamus) is an absolute and unqualified writ (a formal written command) to the defendant to do the act in question. It is issued when the defendant defaults on, or fails to show sufficient cause in answer to, an alternative mandamus.