Habeas Corpus

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Related to writ of habeas corpus: writ of mandamus

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 this could be in jeopardy once the writ of habeas corpus is suspended.
The writ of habeas corpus, issued in the name of the court and the king, provided a means for the common law courts to bring a person within the claimed jurisdiction of another court into the jurisdiction of King's Bench or Common Pleas.
Unlike the Great Writ, with its basis in separation of powers, the statutory writ of habeas corpus was all about federalism.
With the extended martial law and suspension of the privilege of the writ of habeas corpus in Mindanao, may the avid detractors of President Duterte's solid policy against terrorism and rebellion realize the benefits that may be derived from the commander in chief's exercise of such prerogative.
The Bill of Rights cannot be set aside even under martial law or even when the privilege of the writ of habeas corpus is suspended.
The authority for issuing a writ of habeas corpus is exercised only in the cases where illegal detention or imprisonment is proven," the court said.
The writ of habeas corpus, which dates to the Magna Carta in the early 13th century, guarantees people the right to freedom from wrongful imprisonment.
A purported crime boss who was being held as a pretrial detainee petitioned for a writ of habeas corpus, challenging his detention in a restrictive special housing unit.
The judges of England developed the writ of habeas corpus largely to preserve these immunities from executive restraint.
The Sons of Liberty regarded him as a tyrant because he suspended laws, including the writ of habeas corpus.
According to Scalia, "Hamdi is entitled to a habeas decree requiring his release unless 1) criminal proceedings are promptly brought, or 2) Congress has suspended the writ of habeas corpus.
Example: The solicitor applied for a writ of habeas corpus after police tried to keep his client in custody for a second day.