Habeas Corpus

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Related to Great writ: Habeas petition

Habeas Corpus

A writ one may file requiring the custodian of a prisoner to justify in court that the imprisonment is legal. For example, if one is arrested without proper warrant, one may file habeas corpus for one's release. It should be noted that the right to file habeas corpus may be suspended in national emergencies or for other reasons. The concept comes from English common law.
References in periodicals archive ?
But the Great Writ, aside from the vagaries and inconsistencies that have accompanied its practice and development--apart from the centralizing and hypocritical power that has often employed it for the centralizer's own advantage--has unmistakable significance for how we view ourselves as a society and for the types of principles we claim as defining our civilization.
of the Great Writ has received a significant amount of attention in
Unlike the Great Writ, with its basis in separation of powers, the statutory writ of habeas corpus was all about federalism.
While the Court has always paid homage to the Great Writ, it can now fully recognize the common law writ's core value and purpose by declaring unconstitutional the judicial review provisions of the 1996 immigration acts, should they be construed to limit review solely to constitutional claims.
Dating back to the Magna Charta, the Great Writ of Habeas Corpus has been recognized as one of the chief, if not the chief, safeguard in common law against the arbitrary imprisonment of citizens by a despot.