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Prerogative Writ

extraordinary court appeal powers

Formerly a court order issued under certain circumstances on the authority of the extraordinary powers of the monarch.

The prerogative writs were procedendo, MANDAMUS, prohibition, QUO WARRANTO, HABEAS CORPUS, and certiorari. Today these forms of relief are also called extraordinary remedies and are issued on the strength of the inherent powers of the court to enforce its orders and to do justice. The paper granting a petition for an extraordinary remedy is still called a writ. For example, a writ of certiorari grants the petitioner an opportunity to appeal the decision of a lower court in a case where he or she does not have a right to appeal.

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over 7 years ago

Okay, so what constitutes the due process regarding prerogative writs? They obviously contain within them the assumption of NON-AUTHORITY. Appeals courts issue them to force lower courts and other government entities or operatives to behave properly because they have attempted or will attempt to do something for which they do not have authority. Why does the definition not clarify this?

Furthermore, a court, in order to honor constitutionally guaranteed due process, MUST hear petitions for prerogative writs BEFORE any other actions on the docket, and do so in order of highest pre-emptive obligation. Before any or all comes the writ of Quo Warranto because it challenges the authority of a government or corporate entity to take any action, hear any action, or do anything at all regarding the underlying issue.