Certiorari is a legal term referring to a writ issued by a higher court to review the decisions and proceedings of a lower court. Often abbreviated as “cert.” in legal contexts, it is a fundamental mechanism in the judicial system for ensuring the correctness of judicial decisions.
Historical Context
Origin
The term “certiorari” originates from the Latin word “certiorare,” meaning “to inform.” Its use dates back to English common law, where it described the action of a superior court inquiring about records of a lower court.
Evolution
Over centuries, certiorari has been adapted and incorporated into various legal systems worldwide. In the United States, it is primarily associated with the Supreme Court’s discretionary power to choose cases for review.
Types of Certiorari
Discretionary Certiorari
This is the most common form, where higher courts, especially supreme courts, select which lower court decisions to review. It is not an appeal right but a selective process to address significant legal questions or resolve conflicts in the law.
Mandatory or Automatic Certiorari
In some jurisdictions, certain cases automatically qualify for a certiorari review due to their nature or the issues involved.
Special Considerations
Criteria for Granting Certiorari
Courts, like the U.S. Supreme Court, typically consider factors such as:
- National/Constitutional importance
- Conflict among lower courts
- Precedential value
- Gross miscarriage of justice
Denial of Certiorari
A denial of certiorari does not imply agreement with the lower court’s decision; it simply means the higher court will not review the case.
Examples
United States
The U.S. Supreme Court receives thousands of petitions for certiorari each term but hears only a small percentage. Notable cases reviewed through certiorari include landmark decisions on civil rights and constitutional law.
India
In India, the Supreme Court can issue writs, including certiorari, under Article 32 and 136 of the Constitution to enforce fundamental rights or to examine the legality of lower courts’ orders.
Applicability
Legal Systems
Certiorari is used in countries that follow the common law system, such as the United States, the United Kingdom, Canada, and India.
Impact on Legal Practice
Certiorari ensures legal uniformity and the development of coherent legal principles. It also adds an additional layer of scrutiny to lower court decisions.
Related Terms
- Mandamus: A writ commanding a public official to perform a specific act.
- Prohibition: A writ directing a subordinate to stop doing something the law prohibits.
- Habeas Corpus: A writ requiring a person under arrest to be brought before a judge.
FAQs
What is the difference between certiorari and appeal?
What happens if certiorari is granted?
Can certiorari be requested in all cases?
References
- Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803).
- U.S. Constitution, Article III.
- Supreme Court Rules, Rule 10 – Considerations Governing Review on Writ of Certiorari.
- Indian Constitution, Articles 32 and 136.
Summary
Certiorari serves as an essential judicial tool for higher courts to oversee and correct lower court decisions, ensuring the uniform application of the law and addressing significant legal issues. As a discretionary mechanism, it underscores the role of higher courts in maintaining legal standards and protecting civil liberties.
