Habeas Corpus


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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 ?
Yet the writ of habeas corpus is also a libertarian measure.
The paradox explains why scholars such as Badshah Mian (1984) have seen fit to call this assertion into question, to reclaim the radical history of habeas corpus, and to find its origins not in other judicial mechanisms of similar name, but in those with a similar ultimate function--to release from prison those who do not belong there.
Although Milligan is different from the modern detainee habeas corpus actions in a number of ways, it is historically significant for considering the extent of military jurisdiction during a suspension of habeas corpus.
The Constitution states that the President may suspend the privilege of the writ of habeas corpus in case of invasion or rebellion, when the public safety requires it, for a period not exceeding 60 days.
Martial law and the suspension of the privilege of the writ of habeas corpus in Mindanao were first imposed by the President for 60 days on May 23, 2017 as a result of the attack in Marawi City by the Maute Group and its followers through Proclamation No.
(8) The court found that immigration detainees face inequalities in challenging indefinite detention through administrative review and judicial review to the Federal Court, (9) and must therefore have the right to seek release by way of habeas corpus applications in provincial superior courts.
What sets "Habeas Corpus'' apart from a typical farce is the liberal use of poetry -- comedic verses occurring throughout the play that give insight into a character's thoughts, such as this lament of Dr.
Ora, se o Habeas Corpus tem a natureza de direito de acao, precisamos extrair todas as consequencias desta constatacao, na perspectiva da Teoria Geral do Processo.
As per statement issued by Supreme Court (SC) one Haji Abdul Hamid filed appeal with Human Rights Cell (HRC) of SC that he, his son and his other associates were kept in habeas corpus by Thatta police and influential persons and later the accused persons gunned down his son and other associates.
Reading Anthony Gregory's massive tome on the development of habeas corpus from fourteenth century England through its incorporation into Common Law, and then into Article One of the US Constitution and finally, down to the Patriot Act and other more recent modifications of the "great writ," I am reminded of something that I heard as a graduate student many decades ago, when I asked a professor about reading a particularly demanding book.
This history of habeas corpus provides a useful glimpse at a subject that is simultaneously a well-known, if not so well understood, element of the Anglo-American legal tradition and a matter of much contemporary concern.
The body of John Merryman; Abraham Lincoln and the suspension of habeas corpus.