Unveiling Writ Jurisdiction: A Historical Analysis and Contemporary Significance

Authors

  • Samiksha Virmani

Keywords:

Mandamus, Prohibition, quo waranto, Habeas Corpus, Certiorari

Abstract

"Unveiling Writ Jurisdiction: A Historical Analysis and Contemporary Significance" delves into the intricate realm of writ jurisdiction, tracing its origins from English common law to its current role as a cornerstone of judicial authority. The study explores how writs, initially discretionary orders by royal courts, evolved into indispensable instruments for safeguarding individual liberties. Central to this evolution was the Magna Carta of 1215, which curtailed monarchic power and laid the groundwork for using writs as a check on governmental actions. The study meticulously categorizes common writs, such as Habeas Corpus, Mandamus, Certiorari, and Prohibition, clarifying their functions in enforcing compliance with laws and constraining authority. Specifically, it scrutinizes the historical significance and modern applications of these writs, emphasizing their pivotal role in upholding the rule of law and
protecting fundamental rights. Highlighting the dynamic nature of writ jurisdiction, the study explores its interaction with international human rights treaties and constitutional protections. It underscores how writs serve as potent legal remedies, empowering individuals to challenge unlawful detention or governmental overreach. In essence, the research provides a comprehensive overview of writ jurisdiction, from its humble beginnings to its enduring relevance in contemporary legal systems. By shedding light on its historical development and contemporary significance, this study contributes to a deeper understanding of the crucial role that writs play in ensuring justice and upholding the rule of law.

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Published

2024-03-05

How to Cite

Virmani, S. (2024). Unveiling Writ Jurisdiction: A Historical Analysis and Contemporary Significance. Journal of Constitutional Law and Jurisprudence, 7(1), 93–107. Retrieved from https://lawjournals.celnet.in/index.php/Jolj/article/view/1501