Habeas Corpus

Author: Paul Delaney Halliday
Publisher: Harvard University Press
ISBN: 9780674049017
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A revisionist history of habeas corpus the world's most revered legal device. Habeas corpus was not established to protect the rights of the individual but rather to protect the individual from abusive judges and jailers.

The Power Of Habeas Corpus In America

Author: Anthony Gregory
Publisher: Cambridge University Press
ISBN: 1107067952
Size: 73.95 MB
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Recent literature on habeas corpus implicitly bolsters the case that power
deserves a central place in analyzing the writ, but none ofit makes the argument
directly and accounts for all ofhabeas history under this unifying framework. Paul
D. Halliday's Habeas Corpus: From England to Empire is indispensible for
documenting Parliament's propensity to imprison, demystifying the Habeas
Corpus Act of1679,ll and revealing the imperial nature of England's writ, although
it provides neither ...

Britain S Oceanic Empire

Author: H. V. Bowen
Publisher: Cambridge University Press
ISBN: 1139510819
Size: 74.52 MB
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Remarkably, US lawyers acting on behalf of detainees in Guantanamo Bay,
Cuba recently invoked precedents from eighteenth—century India to defend their
clients' right to petition for habeas corpus review in federal courts. In oral
arguments in the 2007 case of Boumediene v. Bush, Seth P. Waxman defended
the detainees' rights by reference to the broad historical character of the writ of
habeas corpus as it would have been understood by the framers of the US
constitution. Supreme ...

Habeas Corpus In Wartime

Author: Amanda L. Tyler
Publisher: Oxford University Press
ISBN: 0190855525
Size: 25.66 MB
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The Massachusetts effort paralleled a similar one in the Barbardos colony, where
its Assembly passed a habeas corpus bill that was rejected in 1702 by the Privy
Council and Board of Trade. For details, see Paul D. Halliday, HABEAS CORPUS
: FROM ENGLAND TO EMPIRE 273 (2010). Mary Sarah Bilder details the
processes by which supervision of royal charter obligations occurred in Mary

The Law Of Habeas Corpus

Author: Judith Farbey
Publisher: Oxford University Press
ISBN: 0199248249
Size: 28.93 MB
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Introduction This chapter briefly sketches the historical development of the writ of
habeas corpus.1 It explains how an order to bring a person into the custody of the
court became the most significant means of protecting individual liberty. ... Writ of
Liberty (1960); Duker, 'The English origins of the writ of habeas corpus: A
peculiar path to fame' (1978) 53 N.Y.U.L.R. 983; Duker, A Constitutional History
of Habeas Corpus (1980); Halliday, Habeas Corpus: From England to Empire (

Q A Jurisprudence 2013 2014

Author: David Brooke
Publisher: Routledge
ISBN: 1136187634
Size: 71.76 MB
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But overthe 300-year period studied by Halliday, the writ earned the eulogistic
epithets applied to it: he calculatesthat over 11,000 detainees applied for relief,
ofwhom more than half (53%) were released.' The Halliday study referred to by
Bingham is Habeas Corpus: From England to Empire (2010). Halliday makes it
clearthat in origin the writ of habeas corpus did not rest on modern notions of
individual freedom but was based on the idea that the King's sovereignty had
been insulted ...

The Oxford Handbook Of The U S Constitution

Author: Mark Tushnet
Publisher: Oxford University Press
ISBN: 019024576X
Size: 60.52 MB
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Habeas. Corpus. in. England. and. Empire. Habeas corpus is the lone common
law writ mentioned in the Constitution. It requires a jailer or other recipient to “
have the body” of a person before a judge so that the legality of that person's
detention may be investigated. For three centuries, we have called it the “Great
Writ of Liberty.”3 We tell ourselves that it arose from Magna Carta's requirement
that “no free man shall be arrested or imprisoned ... except by the lawful judgment
of his ...

Habeas Corpus In International Law

Author: Brian R. Farrell
Publisher: Cambridge University Press
ISBN: 1316824667
Size: 79.30 MB
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Brian R. Farrell. 2 Halliday puts it bluntly: “Habeas corpus did not evolve. Judges
made it, transforming a common device for moving people about in aid of judicial
process into an instrument by which they supervised imprisonment orders made
anywhere, by anyone, for any reason.” Halliday, England to Empire, p. 9. 3 See
below, § 1.2 (discussing the independent development of remedies in the nature
of habeas corpus). 4 Manfred Nowak, U.N. Covenant on Civil and Political Rights
: ...

Jahrbuch Des Ffentlichen Rechts Der Gegenwart Neue Folge

Author: Peter Haberle
Publisher: Mohr Siebeck
ISBN: 9783161475122
Size: 56.95 MB
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Habeas Corpus grew along with the British Empire and spread to the colonies in
the New World, especially to the United States. There it was adopted by local
govern- ments and later by the federal government after the war for
independence. Its unique development continues in the United States to this day
and it spread to the new Latin American countries in the 19th century. The spread
of Habeas Corpus to Latin American was probably inevitable. Although English
and American ...

The Heritage Guide To The Constitution

Author: David F. Forte
Publisher: Regnery Publishing
ISBN: 1621573524
Size: 25.12 MB
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Halliday, Habeas Corpus: From England to Empire (2010) Lee B. Kovarsky, A
Constitutional Theory of Habeas Power, 99 Va. L. Rev. 753 (2013) A Native of
Virginia, Observations upon the Proposed Plan of Federal Government, reprinted
in 9 Documentary History of the Ratification of the Constitution 655 (John P.
Kaminski & Gaspare J. Saldino, eds., 1984) Saikrishna Bangalore Prakash, The
Great Suspender's Unconstitutional Suspension of the Great Writ, 3 Alb. Gov't L.