Description of the legal term Writ of Prohibition:
A Writ of Prohibition is a formal legal order issued by a higher court to a lower court or tribunal, directing it to cease proceedings in a case because it has acted or is acting beyond its jurisdiction. In the British legal system, which is characterized by a strict hierarchy of courts, a prohibition is one of the principal methods by which higher courts supervise the exercise of power by lower courts or bodies acting judicially. The purpose is to prevent an inferior court from exceeding its legal powers, known technically as ‘ultra vires’, or to stop the infringement of a party’s rights because of an unlawful procedure.
This judicial writ originated in English Common Law and continues to be relevant in jurisdictions influenced by British law. The higher court, usually the High Court, has the power to issue a Writ of Prohibition when it is necessary to ensure that justice is administered according to law and that lower courts do not overstep their prescribed boundaries. Typically, the writ is sought by one of the parties in the proceedings and is directed at the judge or judges of the lower court, commanding them to desist from continuing the case. The writ, effectively, brings the matter before the higher court which may then consider the merits of the objection to the jurisdiction or procedures followed by the lower court.
Furthermore, this writ also plays a role in the doctrine of separation of powers, ensuring that each branch of government respects the scope of its authority without encroaching on the powers of another. When a body exercising judicial functions strays into an area of law or activity reserved for the executive or legislative branches, or another court, the Writ of Prohibition acts as a checking mechanism to maintain the balance of power.
Legal context in which the term Writ of Prohibition may be used:
In 1999, the case of ‘Re Racal Communications Ltd’ illustrated the application of a Writ of Prohibition in British jurisprudence. The High Court was approached with a request to issue a prohibition against the Employment Appeal Tribunal (EAT). The EAT had decided to hear an appeal relating to unfair dismissal that involved questions of law that arguably went beyond its expertise and jurisdiction. The company involved, Racal Communications Ltd, contested the EAT’s decision to entertain the appeal, arguing that only an employment tribunal had the rightful authority to make determinations on the particular matters being raised. The High Court reviewed the statutory limits of the EAT’s jurisdiction and found that it had indeed overreached. A Writ of Prohibition was issued, effectively stopping the appeal process within the EAT.
Another context in which a prohibition might be issued is when a lower court is proceeding with a case that involves a subject matter reserved exclusively for the jurisdiction of a specialized tribunal. If, for example, a magistrates’ court attempts to deliberate on an immigration matter that the law specifies should be handled by an Immigration Tribunal, an aggrieved party may seek a prohibition from the High Court. The prohibition would restrain the magistrates’ court from continuing to hear the case, with the expectation that the matter be referred to the appropriate tribunal.
The issuance of such prohibitions ensures adherence to the rule of law, by ensuring that legal proceedings are conducted by the proper forums. It protects the integrity of the legal system and individual rights, by providing a means for parties to challenge and rectify instances where courts act outside their given powers. Such judicial interventions are fundamental in maintaining the proper functioning and coherence of the British legal system as a whole.
