mandamus

Mandamus is a writ issued by a court directing a public official or government body to perform a duty that the law requires. The term comes from the Latin for “we command.” It is an extraordinary remedy in the common-law tradition, used to compel action rather than to provide a remedy for wrongs already done.

Mandamus is typically available to require performance of a ministerial or non-discretionary duty—where the law imposes an obligation on the respondent and the applicant has a clear legal right to the duty’s performance. It is not ordinarily available to compel the exercise of discretionary or political decisions, or to control judgments or policy choices. The availability of mandamus also depends on showing that there is no adequate alternative remedy, and that the petitioner has a concrete interest or right in the outcome.

Physically, a petition for mandamus asks the court to issue a writ directing the duty-bound official or body to act. If the official fails to comply, mandamus may provide a remedy by requiring performance or, in some jurisdictions, by ordering compliance within a specified time frame. In many systems, mandamus cannot be used to review the merits of a decision or to substitute the court’s judgment for that of the public authority; instead, it ensures that the authority fulfills its legal duties.

Mandamus originates in English law and is now used in many common-law jurisdictions, including the United States, India, Canada, and parts of the Commonwealth. It is commonly contrasted with other writs such as prohibition and certiorari, which address different modes of judicial or administrative review.