The Law of Habeas Corpus
Seiten
2011
|
3rd Revised edition
Oxford University Press (Verlag)
978-0-19-924824-7 (ISBN)
Oxford University Press (Verlag)
978-0-19-924824-7 (ISBN)
Habeas corpus is everyone's 'get out of jail free' card. It is the legal remedy ensuring a person's release from prison or any other form of custody when the detention cannot be justified in law. This volume provides in-depth and critical analysis of the law behind this vital protection of liberty.
Habeas corpus is the principal means under the common law for the protection of personal liberty. By this ancient writ, the court assumes control over the body of a prisoner so it can discharge him or her to freedom if no proper legal cause can be shown for detention. Habeas corpus secures release from any form of unlawful custody, whether decreed by the highest powers of the state or imposed by the lowest slave-trader. Its reach is as diverse as the forms of confinement. Throughout its history, it has proved adept at adapting to new challenges. It extends beyond the prison wall and has been invoked to determine the proper parental custody of a child and to free patients wrongly detained for compulsory medical treatment, indentured workers, conscripted soldiers, as well as individuals wrongly held in the war on terrorism.
Looking first at the historical development of the writ, the book traces its growth in significance until its emergence as a cornerstone of the rule of law. Having established habeas corpus as a central constitutional principle, the volume goes on to examine the role and limits of the remedy today. It describes the modern workings of habeas corpus and assesses its contemporary scope and function. The authors explore the relationship between habeas corpus and fundamental rights. Critically surveying the nature of judicial review on habeas corpus, the book investigates past, present, and potential future uses of the writ, providing a comprehensive statement of current English law and a discussion of the position in other Commonwealth countries.
Habeas corpus is the principal means under the common law for the protection of personal liberty. By this ancient writ, the court assumes control over the body of a prisoner so it can discharge him or her to freedom if no proper legal cause can be shown for detention. Habeas corpus secures release from any form of unlawful custody, whether decreed by the highest powers of the state or imposed by the lowest slave-trader. Its reach is as diverse as the forms of confinement. Throughout its history, it has proved adept at adapting to new challenges. It extends beyond the prison wall and has been invoked to determine the proper parental custody of a child and to free patients wrongly detained for compulsory medical treatment, indentured workers, conscripted soldiers, as well as individuals wrongly held in the war on terrorism.
Looking first at the historical development of the writ, the book traces its growth in significance until its emergence as a cornerstone of the rule of law. Having established habeas corpus as a central constitutional principle, the volume goes on to examine the role and limits of the remedy today. It describes the modern workings of habeas corpus and assesses its contemporary scope and function. The authors explore the relationship between habeas corpus and fundamental rights. Critically surveying the nature of judicial review on habeas corpus, the book investigates past, present, and potential future uses of the writ, providing a comprehensive statement of current English law and a discussion of the position in other Commonwealth countries.
Judith Farbey QC is a Barrister of Doughty St. Chambers. The Hon. Mr Justice R. J. Sharpe is a Judge of the Ontario Court of Appeal. Simon Atrill is a Barrister of Fountain Court Chambers.
1. Historical Aspects of Habeas Corpus ; 2. Scope of Review ; 3. Consideration of Questions of Fact ; 4. Habeas Corpus, Fundamental Rights, and the Executive ; 5. Habeas Corpus in Immigration Law ; 6. Habeas Corpus in Criminal Law ; 7. Review of Detention in Cases of Mental Disorder ; 8. Problems of Restraint and Time ; 9. Territorial Ambit of Habeas Corpus ; 10. Appeals, Successive Applications, and Rearrest ; 11. Aspects of Practice ; 12. Appeals ; PART V: ASPECTS OF PRACTICE ; 13. Aspects of Practice
| Erscheint lt. Verlag | 24.2.2011 |
|---|---|
| Verlagsort | Oxford |
| Sprache | englisch |
| Maße | 156 x 238 mm |
| Gewicht | 617 g |
| Themenwelt | Recht / Steuern ► EU / Internationales Recht |
| Recht / Steuern ► Öffentliches Recht | |
| Recht / Steuern ► Strafrecht ► Strafverfahrensrecht | |
| ISBN-10 | 0-19-924824-9 / 0199248249 |
| ISBN-13 | 978-0-19-924824-7 / 9780199248247 |
| Zustand | Neuware |
| Haben Sie eine Frage zum Produkt? |
Mehr entdecken
aus dem Bereich
aus dem Bereich
Buch | Softcover (2023)
C.F. Müller (Verlag)
CHF 33,55
Gerichtsverfassungsgesetz, Nebengesetze und ergänzende Bestimmungen
Buch | Hardcover (2024)
C.H.Beck (Verlag)
CHF 159,95
Vorbereitung, Verhandlung, Plädoyer
Buch | Softcover (2024)
C.H.Beck (Verlag)
CHF 20,85
