These are legal systems that are based on judicial decisions rather than written statutes. They are prevalent in countries that were influenced by British rule, such as the United States, the United Kingdom, Canada, Australia, and India. Common law systems rely on the doctrine of precedent, which means that courts follow the rulings of previous cases that are similar to the current one. Common law systems are also adversarial, which means that each side presents its own evidence and arguments to persuade the judge or jury.
This article delves into the writ jurisdiction in Nepal, highlighting its role in protecting individual rights. It covers the five types of writs available—Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo-warranto—along with the conditions under which they can be issued. Additionally, it provides insights on how individuals can file writ petitions, including on behalf of others, and discusses the importance of these legal instruments in ensuring justice and accountability in governance.