While the writ of mandamus is widely known for compelling government action, two other judicial tools—prohibition and certiorari—play equally important roles in the system of checks and balances. These writs are rooted in common law and used primarily in appellate and administrative contexts to control the exercise of power by lower courts or public bodies. This article explores the nature, function, and strategic use of the writs of prohibition and certiorari.

Understanding Writs in the Legal System

Writs are formal court orders directing a government body, official, or lower court to act—or refrain from acting—in a specific way. They are considered extraordinary remedies, invoked only when no other adequate legal remedy is available.

While mandamus compels performance of a legal duty, prohibition and certiorari serve different purposes:

Writ of Prohibition: Prevents a lower court or tribunal from exceeding its jurisdiction. Writ of Certiorari: Requests a higher court to review the record of a lower tribunal to determine the legality of its actions.

1. The Writ of Prohibition

Purpose:

The writ of prohibition is preventive in nature. It is issued by a higher court to a lower court or administrative body, ordering it to stop proceedings that exceed its legal authority or jurisdiction.

Key Features:

Used before or during the challenged proceedings—not after. Seeks to avoid jurisdictional overreach or unauthorized actions. Common in cases where a lower court threatens to violate a party’s rights by acting outside its legal bounds.

Example Scenarios:

A family court trying to adjudicate a criminal matter. An agency hearing a case that legally belongs to a different jurisdiction.

Limitations:

Cannot be used to correct legal errors within a court’s proper jurisdiction. Typically not available if other remedies (like appeals) are adequate.

2. The Writ of Certiorari

Purpose:

The writ of certiorari is corrective in nature. It enables a higher court to review the record of a lower court or tribunal to assess whether it acted within the law and followed fair procedures.

Key Features:

Focuses on errors of law, not factual disputes. Allows for limited, discretionary review—especially when no appeal is available. Used in both administrative and judicial review contexts.

U.S. Supreme Court Certiorari:

In the United States, the Supreme Court uses certiorari to select the small percentage of cases it hears annually. Litigants file petitions for a writ of certiorari, and four justices must vote to grant the petition (the “Rule of Four”).

Example Scenarios:

A lower appellate court ruling that raises constitutional issues. An agency decision that allegedly violated due process or exceeded statutory authority.

Limitations:

Not a right; it’s granted at the court’s discretion. Usually denied without explanation. Must be filed within strict procedural time limits.

Strategic Use in Legal Practice

When to Consider Prohibition:

You believe a tribunal is acting without jurisdiction or violating due process. Immediate action is needed to prevent irreparable harm. You’ve exhausted or are precluded from using regular appeals.

When to Consider Certiorari:

You need legal review of a decision made with finality. A significant question of law or constitutional issue is involved. You want to clarify conflicting decisions in lower courts.

Relationship to Other Remedies

Mandamus is proactive (compels action). Prohibition is preventive (stops action). Certiorari is corrective (reviews action).

These writs are often used when standard appeals are unavailable, untimely, or inadequate, making them crucial tools in preserving judicial oversight and protecting rights in exceptional circumstances.

Conclusion

The writs of prohibition and certiorari, though less commonly discussed than mandamus, are powerful mechanisms for maintaining the rule of law. They safeguard individuals from unauthorized or unjust exercises of power by ensuring that courts and public bodies act within their bounds and according to law. Mastering their use is essential for any legal advocate working in complex judicial or administrative systems.