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Habeas Works - Federal Courts' Proven Capacity to Handle Guantanamo Cases (Paperback)
Loot Price: R164
Discovery Miles 1 640
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Habeas Works - Federal Courts' Proven Capacity to Handle Guantanamo Cases (Paperback)
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Loot Price R164
Discovery Miles 1 640
Expected to ship within 18 - 22 working days
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This report co-released by the Constitution Project and Human
Rights First, and endorsed by sixteen former federal judges
concludes that Congress does not need to pass new legislation to
guide federal courts in their review of habeas cases in which
individuals at the Guantanamo Bay detention facility challenge the
lawfulness of their detention. The former federal judges conclude
that attacks on the judiciary's ability to review such cases are
unfounded, as are calls for Congressional intervention. It was the
U.S. Supreme Court ruling in Boumediene v. Bush which laid the
ground for District Court judges to review habeas cases of the
Guantanamo detainees and develop the constitutional framework for
reviewing cases. It examines how the courts have moved deliberately
and thoughtfully in developing an effective jurisprudence in these
cases that addresses the government's interest in national
security, while protecting the right of prisoners to fairly
challenge their detention.
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