|
Showing 1 - 1 of
1 matches in All Departments
Habeas corpus is the principal means under the common law for the
protection of personal liberty. By this ancient writ, the court
assumes control over the body of a prisoner so it can discharge him
or her to freedom if no proper legal cause can be shown for
detention. Habeas corpus secures release from any form of unlawful
custody, whether decreed by the highest powers of the state or
imposed by the lowest slave-trader. Its reach is as diverse as the
forms of confinement. Throughout its history, it has proved adept
at adapting to new challenges. It extends beyond the prison wall
and has been invoked to determine the proper parental custody of a
child and to free patients wrongly detained for compulsory medical
treatment, indentured workers, conscripted soldiers, as well as
individuals wrongly held in the war on terrorism. Looking first at
the historical development of the writ, the book traces its growth
in significance until its emergence as a cornerstone of the rule of
law. Having established habeas corpus as a central constitutional
principle, the volume goes on to examine the role and limits of the
remedy today. It describes the modern workings of habeas corpus and
assesses its contemporary scope and function. The authors explore
the relationship between habeas corpus and fundamental rights.
Critically surveying the nature of judicial review on habeas
corpus, the book investigates past, present, and potential future
uses of the writ, providing a comprehensive statement of current
English law and a discussion of the position in other Commonwealth
countries.
|
You may like...
The Survivors
Jane Harper
Paperback
R450
R415
Discovery Miles 4 150
|
Email address subscribed successfully.
A activation email has been sent to you.
Please click the link in that email to activate your subscription.