Prohibition (writ)

A writ of prohibition, in the United States, is an official legal document drafted and
issued by a supreme court or superior court to a judge presiding over a suit in an inferior
court. The writ of prohibition mandates the inferior court to cease any action over the
case because it may not fall within that inferior court's jurisdiction. The document is also
issued at times when it is deemed that an inferior court is acting outside the normal rules
and procedures in the examination of a case. In another instance, the document is issued
at times when an inferior court is deemed headed towards defeating a legal right.

In criminal proceedings, a defendant who has been committed for trial may petition to the
superior court for a writ of prohibition, in this case on the ground that his conduct, even if
proven, does not constitute the offense charged.

Prohibition: is also generally limited to appellate courts, who use it to prevent lower
courts from exceeding their jurisdiction. A writ of prohibition is used to prevent an
inferior court from exceeding its jurisdiction or acting contrary to the rules of natural
justice.It is issued by superior court to inferior court, preventing inferior court from
usurping a jurisdiction with which it was not legally vested ( or to compel inferior court
to keep within the limits of its jurisdiction). The Writ of Prohibition cannot be used to
undo any previous acts, but only to prohibit acts not completed.

"Thus it was held that notwithstanding the right to an appeal, if the situation disclosed be
such that to take the ordinary course by appeal would of itself subject the complainant to
irreparable loss, the writ should issue notwithstanding no objection was made below; that
the matter of judicial courtesy should yield to substantial personal rights of litigants, such
as a sacrifice of their liberty." See "Extraordinary Legal Remedies" by Forrest G. Ferris,
1926 edition. See also Hargis v Parker 27 Kentucky L.Rep 441, 85 s.w. 704,69 L.R.A.
270.

Writ issued in both cases where excess of jurisdiction and where there is absence of
jurisdiction.Prohibition has much common with certiorari. Both the writ are issued with
the object of preventing the inferior courts from exceeding their jurisdiction. Difference
between prohibition and certiorari: When an inferior court takes up for hearing a matter
over which it has no jurisdiction , the person against whom the proceedings are taken ,
can move to the superior courts for a writ of prohibition, and on that an order will issue
forbidding the inferior court from continuing the proceedings. Prohibition to prevent the
court to proceed further.

While in certiorari…

If the court hears the cause or matter and gives a decision , the party who aggrieved
would have to move the superior court for a writ of certiorari on that and order will be
made quashing the decision on the grounds of jurisdiction. (ie. In this the inferior court
has a jurisdiction). Certiorari for quashing what had already been decided.
Prohibition and certiorari lie only against judicial and quasi-judicial bodies. They do not
lie against public authority in an executive or administrative capacity nor a legislative
body.

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