Описание: Habeas Corpus in Wartime unearths and presents a comprehensive account of the legal and political history of habeas corpus in wartime in the Anglo-American legal tradition. The book begins by tracing the origins of the habeas privilege in English law, giving special attention to the English Habeas Corpus Act of 1679, which limited the scope of executive detention and used the machinery of the English courts to enforce its terms. It also explores the circumstances that led Parliament to invent the concept of suspension as a tool for setting aside the protections of the Habeas Corpus Act in wartime. Turning to the United States, the book highlights how the English suspension framework greatly influenced the development of early American habeas law before and after the American Revolution and during the Founding period, when the United States Constitution enshrined a habeas privilege in its Suspension Clause. The book then chronicles the story of the habeas privilege and suspension over the course of American history, giving special attention to the Civil War period. The final chapters explore how the challenges posed by modern warfare during the twentieth and twenty-first centuries have placed great strain on the previously well-settled understanding of the role of the habeas privilege and suspension in American constitutional law, particularly during World War II when the United States government detained tens of thousands of Japanese American citizens and later during the War on Terror. Throughout, the book draws upon a wealth of original and heretofore untapped historical resources to shed light on the purpose and role of the Suspension Clause in the United States Constitution, revealing all along that many of the questions that arise today regarding the scope of executive power to arrest and detain in wartime are not new ones.
Описание: Understanding International Law through Moot Courts analyzes five moot court cases held before the International Court of Justice and the International Criminal Court. These cases offer insight on the international law pertaining to habeas corpus, genocide, the responsibility to protect, chemical weapons, and torture.
Автор: Multiple Contributors Название: Thoughts on the Suspension of the Habeas Corpus Act. ISBN: 1170016766 ISBN-13(EAN): 9781170016763 Издательство: Неизвестно Рейтинг: Цена: 2173.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Автор: Farrell Brian R. Название: Habeas Corpus in International Law ISBN: 1316606252 ISBN-13(EAN): 9781316606254 Издательство: Cambridge Academ Рейтинг: Цена: 5069.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Providing the first comprehensive examination of the right to seek a judicial determination of the legality of one`s detention in international law, this book presents the most complete reference available on the scope and application of habeas corpus, analyzing its challenges and importance in depth.
Автор: Farrell Название: Habeas Corpus in International Law ISBN: 1107151775 ISBN-13(EAN): 9781107151772 Издательство: Cambridge Academ Рейтинг: Цена: 10454.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Providing the first comprehensive examination of the right to seek a judicial determination of the legality of one`s detention in international law, this book presents the most complete reference available on the scope and application of habeas corpus, analyzing its challenges and importance in depth.
Автор: Freedman Eric M. Название: Making Habeas Work: A Legal History ISBN: 1479870978 ISBN-13(EAN): 9781479870974 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 6270.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: A reconsideration of the writ of habeas corpus casts new light on a range of current issues
Habeas corpus, the storied Great Writ of Liberty, is a judicial order that requires government officials to produce a prisoner in court, persuade an independent judge of the correctness of their claimed factual and legal justifications for the individual's imprisonment, or else release the captive. Frequently the officials resist being called to account. Much of the history of the rule of law, including the history being made today, has emerged from the resulting clashes.
This book, heavily based on primary sources from the colonial and early national periods and significant original research in the New Hampshire State Archives, enriches our understanding of the past and draws lessons for the present.
Using dozens of previously unknown examples, Professor Freedman shows how the writ of habeas corpus has been just one part of an intricate machinery for securing freedom under law, and explores the lessons this history holds for some of today's most pressing problems including terrorism, the Guantanamo Bay detentions, immigration, Brexit, and domestic violence.
Exploring landmark cases of the past - like that of John Peter Zenger - from new angles and expanding the definition of habeas corpus from a formal one to a functional one, Making Habeas Work brings to light the stories of many people previously overlooked (like the free black woman Zipporah, defendant in "the case of the headless baby") because their cases did not bear the label "habeas corpus."
The resulting insights lead to forward-thinking recommendations for strengthening the rule of law to insure that it endures into the future.
Автор: Justin J. Wert Название: Habeas Corpus in America: The Politics of Individual Rights ISBN: 0700636021 ISBN-13(EAN): 9780700636020 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 4764.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: For most Americans, habeas corpus is the cornerstone of our legal system: the principal constitutional check on arbitrary government power, allowing an arrested person to challenge the legality of his detention. In a study that could not be more timely, Justin Wert reexamines this essential individual right and shows that habeas corpus is not necessarily the check that we've assumed. Habeas corpus, it emerges, is as much a tool of politics as it is of law. In this first study of habeas corpus in an American political context, Wert shifts our collective emphasis from the judicial to the political—toward the changes in the writ influenced by Congress, the president, political parties, state governments, legal academics, and even interest groups. By doing so, he reveals how political regimes have used habeas corpus both to undo the legacies of their predecessors and to establish and enforce their own vision of constitutional governance.
Tracing the history of the writ from the Founding to Hamdi v. Rumsfeld and Boumediene v. Bush, Wert illuminates crucial developmental moments in its evolution. He demonstrates that during the antebellum period, Reconstruction, Gilded Age, Great Society, and the ongoing war on terrorism, habeas corpus has waxed and waned in harmony with the interests of majoritarian politics. Along the way, Wert identifies and explains the political context of fine points of law that many political scientists and historians may not be aware of—such as the exhaustion rule requiring that a federal habeas participant must first exhaust all possible claims for relief in state court, a maneuver by which the post-Reconstruction Court abandoned supervision of race relations in the South.
Especially in light of the new scrutiny of habeas corpus prompted by the Guantnamo detainees, Wert’s book is essential for broadening our understanding of how law and politics continue to intersect after 9/11. Brimming with fresh insights into constitutional development and regime theory, it shows that the Great Writ of Liberty may not be so great as we have supposed—because while it has the potential to enforce conceptions of rights that are consistent with the best ideals of American politics, it also has the potential to enforce its worst aspects as well.
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