Description of the legal term Mandamus:
Mandamus is an order issued by a superior court to compel a public authority or a lower court to perform a mandatory or purely ministerial duty correctly. In the UK legal system, mandamus, which is now typically referred to as a ‘mandatory order’ under the reforms brought about by the Civil Procedure Rules (1998), falls under public law and is a form of judicial review.
Mandamus is utilized when, for example, a public official or a body has failed to carry out a statutory duty. It is not used for duties that involve some form of discretion but merely those that are considered ‘ministerial’ or imperative, that is, where the law has prescribed the performance of a duty in given circumstances without leaving room for discretion in its execution.
A classic function of mandamus is to remedy defects of justice; hence, it is considered a command to do some particular thing contained within the scope of the official’s duties. Its purpose is to provide a remedy for a failure to do something that ought to be done. The order of mandamus is a command of the highest form, issued from a superior court to any government instrumentality, corporation, or individual, requiring the performance of a public duty.
One important aspect of mandamus is that it is not granted as a matter of course. An applicant for mandamus must demonstrate that they have a clear legal right to the performance of the duty in question and that there is no other adequate specific remedy available. The applicant must also show that they have made a demand for the performance of the duty and that the respondent has neglected or refused to perform it.
In essence, mandamus acts as a tool to enforce the duties of public authorities toward the citizenry, ensuring that the machinery of public service is working according to statute and not failing to comply with legal obligations.
Legal context in which the term Mandamus may be used:
To illustrate, imagine a scenario where a local planning authority fails to issue a decision on a planning application within the statutory timeframe. The applicant, seeing that the delay is unwarranted and may cause them significant financial loss, can apply for a mandamus order to compel the planning authority to provide its decision. The order would compel the authority to fulfill its statutory duty to issue a decision within the prescribed period.
Another practical example is the case where a prisoner has been granted parole and the relevant parole board is due to release them, but it fails to do so within the reasonable timeframe without any legal justification. The prisoner, or his legal representatives, can seek a mandamus order, compelling the parole board to perform its duty to release the individual in accordance with the granted parole terms. It is important to note that mandamus cannot direct how the duty should be performed, only that it be performed.
Mandamus has been a critical instrument in the British judicial system, functioning as a mechanism to ensure that public bodies and officials act within the law and do not neglect their statutory obligations. As a safeguard for ensuring that legal and procedural requirements are met, the role of mandamus in upholding the rule of law and facilitating good governance cannot be understated.
