Halliday, Habeas Corpus: From England to Empire (2010)) ("Forests have been felled over Justice Brennan's reading of the history of the Habeas Corpus Act
of 1867 .
As Alexander Hamilton wrote in the Federalist Papers, the writ of habeas corpus protects individuals against "the favorite and most formidable instruments of tyranny" and against the "dangerous engine[s] of arbitrary government." (67) And as James Madison wrote, the writ provides a "double security" for "the rights of the people." (68) In Ex parte Merryman, (69) Justice Taney observed that the early habeas corpus acts
in England were not enacted merely to "bestow an immunity from arbitrary imprisonment" but instead to "cut off the abuses by which the government's lust of power ...
Every time a legislature has taken up the writ, whether by Parliament's passage of the Habeas Corpus Act
of 1679, the Constitutional Convention's agreement on the Suspension Clause, or the Reconstruction Congress's passage of the Habeas Corpus Act
of 1867, the broadening of centralized habeas has not been nearly as much a victory for the individual detainee as one might have hoped.
King James II attempted to circumvent the Habeas Corpus Act
by having his judges demand that prisoners post exorbitant bail as a condition of release.
(72.) See Oaks, supra note: 71, at 463 & n.71 (arguing that this controversy was not settled until the passage of the Habeas Corpus Act
, 1679, 31 Car.
(15.) In so holding, the Supreme Court rejected the government's claim that its jurisdiction had been eliminated as respects pending cases by the Habeas Corpus Act
of 1868 (15 Stat.
The habeas right had two sources in England: an inchoate "common law" basis and the Habeas Corpus Act
of 1679 (p.
truest sense how many die in It is just over a week since the 331st anniversary of another hugely important date: the enacting of the Habeas Corpus Act
200 YEARS AGO: The Attorney-General moved for leave to bring in a Bill for the further suspension of the Habeas Corpus Act
. Mr Jones said he had hitherto always voted for the suspension, thinking it necessary, but that people were now so universally and thoroughly loyal that he did not deem it any longer requisite.
Professor Paul Bator's influential study of court opinions led him to conclude that federal habeas "was simply not available at all to one convicted of crime by a court of competent jurisdiction.(74) In this respect, Bator argued, habeas corpus in this country mirrored the quite circumscribed English writ secured by the Habeas Corpus Act
of 1679.(75) Bator uses this descriptive history to support a normative conclusion.
During the House of Lords debate on the Civil Contingencies Bill, the Conservatives proposed a modest and balanced amendment to ensure that the Government could not override ``core rights'' such as the Habeas Corpus Act
of 1816, and the Parliament Act of 1911.
Some of the laws which could be changed arbitrarily once this Bill is passed include those offering protection against the arbitrary and unlawful detention of citizens by the state (Habeas Corpus Acts
, Bail Act, Human Rights Act); the independence of the Scottish judiciary and legal system (Act of Union); those affecting the Monarchy (Act of Settlement, Succession to the Crown Act, Claim of Right); and perhaps most importantly, those affecting Parliamentary democracy (Representation of the People Acts, House of Lords Act, Parliamentary Constituencies Act, Ministers of the Crown Act, Parliament Acts).