Prorogated Jurisdiction Law and Legal Definition

Prorogated jurisdiction is a concept of Scottish law. By prorogated jurisdiction, jurisdiction is conferred upon a judge by the consent of the parties. The judge would be incompetent without such consent. Prorogated jurisdiction is not recognized in common law. A party may waive jurisdiction if he/she is entitled to some privilege or exemption from jurisdiction. In common law jurisdiction cannot be conferred by consent. However, prorogated jurisdiction or forum prorogatum is widely followed in international law. The jurisdiction of the International Court of Justice (ICJ) in a contentious case is based entirely on the consent of states. The doctrine of forum prorogatum affords an informal way for a state to express consent to the Court's jurisdiction. As traditionally understood, this doctrine refers to the extension of a court's jurisdiction by agreement of the parties to a case after proceedings have been instituted.