libterm.com Prohibition was a legal ban on the manufacture, sale, and transportation of alcoholic beverages in the United States from 1920 to 1933. This policy aimed to reduce alcohol consumption but led to unintended consequences such as the rise of illegal bootlegging and organized crime. Discover how Prohibition shaped American society and its lasting effects by reading the rest of the article.
Table of Comparison
| Aspect | Prohibition | Certiorari |
|---|---|---|
| Definition | Judicial order to stop a lower court or tribunal from proceeding beyond its jurisdiction. | Judicial review to quash or nullify a lower court or agency's decision based on jurisdictional errors or legal mistakes. |
| Purpose | Prevent inferior courts from acting outside their jurisdiction or exceeding authority. | Correct errors of jurisdiction, legality, or procedure already committed by lower courts or agencies. |
| When Issued | Before or during the illegal proceeding. | After the lower court or agency has made a decision or acted. |
| Effect | Stops the proceeding immediately. | Annuls or modifies the lower court's decision. |
| Scope | Limited to jurisdictional overreach and abuse of discretion. | Encompasses jurisdictional errors, grave abuse of discretion, and errors of law. |
| Affected Entity | Lower courts or tribunals exceeding authority. | Lower courts or administrative agencies with erroneous decisions. |
| Legal Basis | Rule on Prohibition in Rules of Court. | Rule on Certiorari in Rules of Court. |
Introduction to Prohibition and Certiorari
Prohibition and certiorari are writs used by higher courts to control lower courts and public authorities, ensuring they do not exceed their jurisdiction. Prohibition is an extraordinary remedy that prevents a lower court or tribunal from acting beyond its legal power, effectively stopping a proceeding before it progresses. Certiorari, on the other hand, is issued to review and quash the decisions or proceedings of a lower court when there is a jurisdictional error or a grave miscarriage of justice.
Historical Background of the Writs
The writs of Prohibition and Certiorari originated from English common law as tools to control judicial and quasi-judicial bodies, ensuring lower courts and tribunals act within their jurisdiction. Prohibition historically prevented inferior courts from exceeding their authority by stopping them from hearing cases beyond their power, while Certiorari functioned to quash or review decisions already made by these bodies. Over time, these writs evolved as essential safeguards in the legal system to maintain procedural fairness and proper jurisdictional boundaries.
Definition and Legal Basis of Prohibition
Prohibition is a writ issued by a higher court to a lower court or tribunal to prevent it from exceeding its jurisdiction or acting contrary to the law, based on constitutional and statutory provisions ensuring judicial discipline. It functions as a preventive remedy to avoid an impending illegal act or judgment, grounded primarily in the inherent supervisory jurisdiction of superior courts. Certiorari, by contrast, is a writ used to quash or nullify a lower court's or administrative body's judgment or order after it has been issued, emphasizing correction rather than prevention.
Definition and Legal Basis of Certiorari
Certiorari is a judicial writ issued by higher courts to review the decisions of lower courts and ensure they acted within their jurisdiction or followed due process, fundamentally grounded in the inherent powers of the Supreme Court under constitutional provisions. Unlike prohibition, which prohibits lower courts from exceeding their jurisdiction, certiorari serves as a corrective measure to quash or nullify unlawful rulings already rendered. The legal basis of certiorari is found explicitly in constitutional law and rules of court, empowering superior courts to maintain judicial discipline and protect parties from grave abuse of discretion.
Key Differences Between Prohibition and Certiorari
Prohibition is a writ issued by a higher court to a lower court or tribunal to stop it from exceeding its jurisdiction or acting contrary to the law, while certiorari is issued to quash an order already passed by a lower court or tribunal for jurisdictional errors or legal irregularities. Prohibition is preventive in nature, aiming to restrain future actions, whereas certiorari is corrective, targeting past unlawful decisions. The scope of prohibition is limited to judicial or quasi-judicial bodies exceeding jurisdiction, but certiorari can be extended to inferior courts and certain public authorities with judicial functions.
Grounds for Issuance of Prohibition
Prohibition is issued to prevent a lower court or tribunal from exceeding its jurisdiction or acting contrary to the law, ensuring that it does not proceed with a case it has no authority over. Grounds for issuance include lack of jurisdiction, acting without or in excess of jurisdiction, or acting with grave abuse of discretion amounting to lack or excess of jurisdiction. This writ serves as a preventive remedy to stop illegal proceedings before they cause irreversible harm.
Grounds for Issuance of Certiorari
Certiorari is issued by higher courts primarily to correct errors of jurisdiction or grave abuse of discretion by lower courts or tribunals, ensuring that justice is served and legal standards are upheld. Unlike prohibition, which is preventive and stops a lower court from acting beyond its jurisdiction, certiorari acts retrospectively, reviewing decisions already made. The grounds for certiorari include jurisdictional questions, violation of due process, and acts that exceed the tribunal's authority or are tainted with grave abuse of discretion.
Jurisdiction and Competent Courts
Prohibition and certiorari serve as legal remedies to control jurisdictional errors by lower courts or tribunals, with prohibition issued to prevent a court from exceeding its jurisdiction while certiorari annuls acts performed without or in excess of jurisdiction. Competent courts for prohibition typically include appellate or supervisory courts with authority over the lower court in question, whereas certiorari is commonly issued by higher courts such as the Supreme Court or High Courts exercising judicial review powers. The distinction in jurisdictional competence underscores prohibition as a preemptive measure against unauthorized proceedings, in contrast to certiorari as a corrective tool for decisions already made.
Practical Applications and Case Examples
Prohibition is a writ issued by higher courts to prevent lower courts or authorities from acting beyond their jurisdiction, commonly used to stop illegal or unauthorized judicial proceedings. Certiorari, on the other hand, is a supervisory writ that directs a lower court or authority to transfer the case records for review, often employed to correct jurisdictional errors or procedural irregularities. In cases like *State of Bihar vs. Maharaj Singh* (1964), prohibition was issued to restrain a magistrate from trying a case without jurisdiction, while in *Rudul Sah vs. State of Bihar* (1983), certiorari was used to quash illegal detention orders, highlighting their distinct practical uses.
Conclusion: Choosing Between Prohibition and Certiorari
Choosing between prohibition and certiorari depends on the nature and urgency of the legal issue at hand; prohibition is typically preferred to prevent an inferior court or tribunal from exceeding its jurisdiction, effectively stopping an illegitimate action before it proceeds. Certiorari, on the other hand, is used to quash or review a decision already made, focusing on correcting errors of jurisdiction or law after they occur. The optimal choice hinges on whether a preventive remedy (prohibition) or a corrective remedy (certiorari) aligns better with the case's procedural posture and judicial objectives.
Prohibition Infographic
