certiorari
Sign in to saveAlso known as writ of certiorari, cert., leave to appeal, writ of review, certification for appeal, allowance of appeal
In law, certiorari is a court process to seek judicial review of a decision of a lower court or government agency. Certiorari comes from the name of a prerogative writ in England, issued by a superior court to direct that the record of the lower court be sent to the superior court for review.
~15 min read
Article
17 sectionsContents
- Etymology
- Origins
- English prerogative writ
- Australia
- Canada
- England and Wales
- India
- New Zealand
- Philippines
- United States
- Federal courts
- State courts
- Administrative law
- See also
- Notes
- References
- Further reading
In law, certiorari is a court process to seek judicial review of a decision of a lower court or government agency. Certiorari comes from the name of a prerogative writ in England, issued by a superior court to direct that the record of the lower court be sent to the superior court for review.
Derived from the English common law, certiorari is prevalent in countries using, or influenced by, the common law. It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, certiorari is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th centuries, the writ of certiorari has gained broader use in many countries, to review the decisions of administrative bodies as well as lower courts.