THE GROUNDS FOR CERTIORARI AND PROHIBITION

Abstract

Because of certain factors affecting administrative law procedures in England and Canada, the author believes it is imperative that government powers and the whole executive be clearly charted, lest the rights of individuals become increasingly subordinated. To achieve this result, a clear definition of methods of judicial control over administrative powers is advocated. This article examines at length the grounds for certiorari and prohibition, which, being negative in effect, have the ability to curb the overzealous exercise of administrative power. The author examines how issues of jurisdiction, natural justice and errors of law create grounds for each order, and concludes that the grounds are basically the same for both.