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Prohibition

A legal restriction against the use of something or against certain conduct.

prohibition posterFor example, in the 1920s, both the USA and Canada enacted liquor prohibitions, outlawing the manufacture or use of alcoholic beverages (see poster, pictured).

Prohibition also has another meaning, within administrative law.

As certiorari seeks to have a decision overturned for want of jurisdiction (ultra vires),  prohibition seeks to prevent a prospective decision; to stop a lower court or tribunal "from doing something in excess of its jurisdiction".1

REFERENCES

  • Wade, William, Administrative Law (Oxford: University Press, 2000), page 592 (note 1).

 


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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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