Writ of Quo Warranto in Administrative Law

It has emerged that it can be used in exceptional cases to remove judicial appointees and officials subject to impeachment, not just to challenge elections. Some, such as Ranhilio Aquino,[note 3] argue this based on the fact that the president and vice president were explicitly listed as prone to quo warranto by the Supreme Court, which met as the presidential electoral court,[24][25] and, unlike many other constitutions, Article 11 of the 1987 Constitution does not grant Congress exclusive impeachment powers. [24] Students in Lawsicho`s courses regularly create writing assignments and work on practical exercises as part of their courses and develop practical skills in the real world. Quo warranto orders have been abolished in the Australian states of New South Wales (from the Supreme Court Act 1970)[19] and Queensland (since the Judicial Review Act 1991). [20] The meaning of “quo warranto” is “by what authority”. It is a court order against a person who holds an important public office without legal authority. The person is asked to demonstrate the authority by which he or she holds the position or office. The purpose of this request is to remove individuals who are not legally qualified from important public office. The writ of quo warranto is intended to confirm the right of citizens to public office. In this pleading, the court or judiciary examines the actions of the executive with regard to appointments to public office made in violation of legal provisions. It also seeks to protect those who are deprived of the right to hold public office. In the case of University of Mysore v. Govinda Rao,12 the Supreme Court held that the quo warranto procedure gives the judiciary the competence and power to control the actions of the executive in the appointment of public functions, contrary to the relevant legal provisions; It also protects a citizen deprived of a public function to which he may be entitled.

Social and economic justice is the signing of India`s constitution. It guarantees fundamental rights that are normally impossible to derogate from the fact that the Constitution provides remedies to protect these rights, which are enforceable by the Supreme Court and the Supreme Court. An important dimension of these remedies is the award of compensation in the context of the discharge that may be granted to the person concerned. This stems from the fact that the State has not only a legal obligation to protect the guaranteed rights, but also a social obligation to compensate those affected if the State violates those rights. On the other hand, there has been a huge expansion of the administrative process. This is natural in a welfare state, because a welfare state is fundamentally an administrative state. My article therefore deals with the concept of writing, its context and also its role in administrative action. Introduction – The first question comes to mind when reading the topic. What is Writ? The answer here is: a writ is a formal written order issued by a government agency on behalf of a sovereign power.

In most cases, this institution of the State is a court. In modern democratic countries, administrative authorities have extensive discretionary powers. The exercise of these powers often becomes subjective in the absence of specific guidelines, etc. Therefore, the need for discretionary review is essential to ensure that the “rule of law” exists in all state policies. Judicial review of administrative acts in the form of jurisdiction aims to ensure that decisions taken by public authorities are lawful, rational, regular, just, equitable and reasonable. The protection of fundamental rights and the guarantee of natural justice are the most important elements of the dispute resolution system The declaration can be successfully enforced in a case where Article V § 3 (b) (8) of the Florida Constitution | The Supreme Court “(8) May issue orders of mandamus and quo warranto to officials and authorities of the State.” Art. V §4(b)(3) of the Florida Constitution | District Court of Appeals: “(3) An appellate court or judge may make writs of habeas corpus, which may be referred to the court or any of its judges or to a district judge within the territorial jurisdiction of the court. A district appeals court may issue payment orders, certiorari, prohibitions, quo warranto and other orders necessary for the full exercise of its jurisdiction. To the extent necessary to hear all cases in a case duly pending before it, a district court of appeal may exercise any appellate jurisdiction of the district courts. Article V §5(b) of the Florida Constitution | Circuit courts “b) JURISDICTION. — The district courts have initial jurisdiction which has not been transferred to the regional courts and jurisdiction to hear appeals where the ordinary law so provides.

They have the power to issue orders of mandamus, quo warranto, certiorari, prohibition and habeas corpus, as well as such orders as are necessary or appropriate for the full exercise of their jurisdiction. The jurisdiction of the District Court is uniform throughout the state. They are entitled to provide direct proof of the administrative act prescribed by ordinary law. Rule 9.030(a)(3) Fla. R. App. P. | Place of jurisdiction of origin (Supreme Court) “Place of jurisdiction of origin. The Supreme Court may issue restraining orders to the courts and such orders as are necessary for the full exercise of its jurisdiction, and may issue orders of mandamus and quo warranto to State officials and authorities.

The Supreme Court or any judge may issue writs of habeas corpus arrest, which may be referred to the Supreme Court or to a judge, a court of appeal, one of its judges or a district judge. Rule 9.030(b)(3) Fla. R. App. P. | Jurisdiction at first instance (courts of appeal) “Initial jurisdiction. District courts of appeal may issue orders of mandamus, prohibition, quo warranto and common law certiorari, as well as such documents as are necessary for the full exercise of jurisdiction; or one of its judges may make writs of habeas corpus, which may be referred to the court or one of its judges or to a district judge under the territorial jurisdiction of the court. Rule 9.100(e) Fla.