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The Power of Habeas Corpus in America - From the King's Prerogative to the War on Terror (Paperback)
Loot Price: R1,287
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The Power of Habeas Corpus in America - From the King's Prerogative to the War on Terror (Paperback)
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Despite its mystique as the greatest Anglo-American legal
protection, habeas corpus's history features opportunistic power
plays, political hypocrisy, ad hoc jurisprudence, and many failures
in effectively securing individual liberty. The Power of Habeas
Corpus in America 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's
historical controversies addressing its origins, the relationship
between king and parliament, the U.S. 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 for wartime detainees from the Civil War
and World War II to the War on Terror. The concluding chapters
stress the importance of liberty and detention policy in making the
writ more than a tool of power. Taken as a whole, 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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