Habeas Corpus in America: The Politics of Individual Rights, Justin J. Wert
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.
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: 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.
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: James, T. M. Название: Mexico`s Supreme Court : ISBN: 0826353789 ISBN-13(EAN): 9780826353788 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 7484.00 р. Наличие на складе: Поставка под заказ.
Описание: James examines the legal history of the Supreme Court`s constitutional jurisprudence before, during, and after the Mexican Revolution of 1910 and explains the ways in which constitutional jurisprudence became the barrier to the implementation of revolutionary social legislation such as land reapportionment after 1917.
Описание: A broad-ranging and ambitious study of the changing relationships between countries and their nationals abroad, and the impact that mass migration played in shaping modern international law and politics.
Описание: Provides a survey of the history and background of Lochner versus New York. This title argues that the decision was well grounded in precedent - and that modern constitutional jurisprudence owes at least as much to the limited-government ideas of Lochner proponents as to the more expansive vision of its Progressive opponents.
Автор: Hodgson, Douglas Название: Individual Duty within a Human Rights Discourse ISBN: 0754623610 ISBN-13(EAN): 9780754623618 Издательство: Taylor&Francis Рейтинг: Цена: 22202.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
In Enforcing Equality, Rebecca E. Zietlow assesses Congress's historical role in interpreting the Constitution and protecting the individual rights of citizens, provocatively challenging conventional wisdom that courts, not legislatures, are best suited for this role. Specifically focusing on what she calls “rights of belonging”—a set of positive entitlements that are necessary to ensure inclusion, participation, and equal membership in diverse communities—Zietlow examines three historical eras: Reconstruction, the New Deal era, and Civil Rights era of the 1960s. She reveals that in these key periods when rights of belonging were contested and defined, Congress has played the role of protector of rights at least as often as the Supreme Court has adopted this role. Enforcing Equality also engages in a sophisticated theoretical analysis of Congress as a protector of rights, comparing the institutional strengths and weaknesses of Congress and the courts as protectors of the rights of belonging. With the recent new appointments to the Supreme Court and Congressional elections in November 2006, this timely book argues that individual rights are best enforced by the political process because they express the values of our national community, and as such, litigation is no substitute for collective political action.
Описание: Badges and Incidents explains the law and pedagogical practices governing American education. It is a valuable resource for any citizen concerned with ensuring equal educational opportunity for all. By examining sources from the Constitution to the latest neuroscientific research, the book outlines principles for a truly democratic system of education.
Описание: Here are the three most important documents in the history of America: "The Declaration of Independence," "The Constitution," and "The Bill of Rights." This edition contains only the original texts for the reader to understand the intentions and genius of the Founding Fathers; It does not contain any interpretation. An ideal reference or gift.
Описание: An eminent constitutional scholar reveals how the explosion of rights is dividing America, and shows how we can build a better system of justice.
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