Prerogative writ - Definition

In English law, the prerogative writs are a class of [[writ][writs]] originally available only to the Crown, but which were later made available to the king's subjects through the courts. The prerogative writs are a means by which the Crown, acting through its courts, effects control over inferior courts or public authorities throughout the kingdom. The writs are issued in the name of the Crown, who is the nominal plaintiff, on behalf of the applicant.

The six prerogative writs are:

• certiorari
• habeas corpus
• mandamus
• prohibition
• procedendo
• quo warranto

England and Wales

The prerogative writs other than habeas corpus are discretionary remedies, and in England and Wales have since 1938 been known as prerogative orders. The writs of quo warranto and procedendo are now obsolete, and the orders of certiorari, mandamus and prohibition are under the new Civil Procedure Rules 1998 known as "quashing orders", "mandatory orders" and "prohibiting orders" respectively.

The writ of habeas corpus is still known by that name.

See also

• judicial review.