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The Power of Habeas Corpus in America - From the King's Prerogative to the War on Terror (Hardcover, New)
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The Power of Habeas Corpus in America - From the King's Prerogative to the War on Terror (Hardcover, New)
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Despite its mystique as the greatest Anglo-American legal
protection, habeas corpus' history features power plays, political
hypocrisy, ad hoc jurisprudence, and failures in securing
individual liberty. This book tells the story of the writ from
medieval England to modern America, crediting the rocky history to
the writ's very nature as a government power. The book weighs in on
habeas' historical controversies - addressing its origins, the
relationship between king and parliament, the US Constitution's
Suspension Clause, the writ's role in the power struggle between
the federal government and the states, and the proper scope of
federal habeas for state prisoners and wartime detainees from the
Civil War and World War II to the War on Terror. It stresses the
importance of liberty and detention policy in making the writ more
than a tool of power. The book presents a more nuanced and critical
view of the writ's history, showing the dark side of this most
revered judicial power.
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