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Habeas Corpus in International Law (Paperback)
Loot Price: R966
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Habeas Corpus in International Law (Paperback)
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Habeas Corpus in International Law is the first comprehensive
examination of this subject. It looks at the location, scope, and
significance of the right to a judicial determination of the
legality of one's detention as guaranteed by international and
regional human rights instruments. First, it examines the history
of habeas corpus and its place in human rights treaties, providing
a useful resource for understanding the status and application of
this internationally-protected right. The book continues by
identifying and analyzing the primary challenges to habeas corpus,
in particular its applicability during armed conflict, the
possibility of derogation, and its extraterritorial application and
procedural shortcomings. The book next addresses the significance
of habeas corpus guarantees not just in protecting personal
liberty, but in promoting the international rule of law by serving
as a unique check on executive action. Finally, it offers
suggestions on how this right might be strengthened.
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