“Quo warranto” means “by what authority” and refers to a challenge to authority. It originated in medieval England and has been extended to everyone in many legal systems. It can temporarily suspend activities until authority is established, but not all nations allow it.
The Latin phrase “quo warranto”, which means “what guarantee”, is often translated as “by what authority”. The term refers to a challenge to a person or entity on the grounds that authority has been abused or that there is a question as to where the person or entity’s authority derives from and whether or not it is legitimate. Such challenges are relatively unusual, but there is room for them in many legal systems.
The origins of the quo warranto lie in the common law, and appear to date back to the 1200s. These challenges were originally used by King Edward I, who used challenges to authority to attempt to untangle some of the outcomes of political intrigue common in medieval England. The history of some offices and property titles had become confused and Edward I wanted to challenge the rights to hold these offices and property on the grounds that they may have been improperly held.
Over time, the right to appeal in similar situations has been extended to everyone and enshrined in the legal systems of many countries. An individual person may file a quo warranto request if an office is believed to be abused, neglected, or improperly held. Similarly, lawyers in a case can challenge authority. This most commonly occurs in civil cases involving corporations, where an attorney asks whether or not a corporation is acting within its powers.
This legal order is not just a request to show the origins of someone’s authority. When a quo warranto request is made, it may temporarily suspend activities until a natural or legal person has determined that such activities are permitted. Thus, for example, if someone is believed to be illegally holding political office, the person in that office could not engage in any activity such as issuing orders until his or her right to authority has been established.
Not all nations allow people to issue quo warranto challenges. Globally, legal systems are quite diverse, and many are in a state of change as new laws are passed and precedents are established. Usually an attorney will know if a quo warranto challenge is legally permissible in a given jurisdiction and can provide a client with advice on how and when to use it, as well as advise clients on whether or not a tactic is effective.
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