The Law of Habeas Corpus
The Law of Habeas Corpus

Author: Judith Farbey

Publisher: Oxford University Press

Published: 2011-02-24

Total Pages: 311

ISBN-13: 0199248249

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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 custody, whether decreed by the highest powers of the state or the lowest gangland slave-trader. Its reach is as diverse as the forms of confinement. For just two examples beyond the prison wall, a patient wrongly detained for compulsory medical treatment can invoke its protection and it can even be deployed to determine the proper parental custody of a child. This volume looks first at the historical development of the writ, tracing its growth in significance until its emergence as an item of central constitutional importance. Having established the traditional place of habeas corpus, the volume goes on to examine the limits of the remedy today. It describes the modern workings of the application for habeas corpus and assesses the scope, function, and role of the procedure. It explores the relationship between habeas corpus and fundamental rights. The volume critically surveys the nature of judicial review on habeas corpus and investigates past, present, and potential future uses of the writ. It aims to provide a comprehensive statement of current English law, with added discussion of the position in other Commonwealth countries. The volume concludes with a guide to procedure and sample forms.

Habeas Corpus
Habeas Corpus

Author: Paul D. Halliday

Publisher: Harvard University Press

Published: 2012-04-02

Total Pages: 513

ISBN-13: 0674064208

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We call habeas corpus the Great Writ of Liberty. But it was actually a writ of power. In a work based on an unprecedented study of thousands of cases across more than five hundred years, Paul Halliday provides a sweeping revisionist account of the world's most revered legal device. In the decades around 1600, English judges used ideas about royal power to empower themselves to protect the king's subjects. The key was not the prisoner's "right" to "liberty"Ñthese are modern idiomsÑbut the possible wrongs committed by a jailer or anyone who ordered a prisoner detained. This focus on wrongs gave the writ the force necessary to protect ideas about rights as they developed outside of law. This judicial power carried the writ across the world, from Quebec to Bengal. Paradoxically, the representative impulse, most often expressed through legislative action, did more to undermine the writ than anything else. And the need to control imperial subjects would increasingly constrain judges. The imperial experience is thus crucial for making sense of the broader sweep of the writ's history and of English law. Halliday's work informed the 2008 U.S. Supreme Court ruling in Boumediene v. Bush on prisoners in the Guant‡namo detention camps. His eagerly anticipated book is certain to be acclaimed the definitive history of habeas corpus.

Bush, the Detainees, and the Constitution
Bush, the Detainees, and the Constitution

Author: Howard Ball

Publisher:

Published: 2007

Total Pages: 296

ISBN-13:

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Focuses on the recent "Enemy Combatant Cases" to provide a stern critique of the legal and constitutional basis for the enormous expansion of presidential power during the Bush administration's "War on Terror," and the challenges (especially in the Supreme Court) that such expansion has inspired.

Guantanamo and the Abuse of Presidential Power
Guantanamo and the Abuse of Presidential Power

Author: Joseph Margulies

Publisher: Simon and Schuster

Published: 2006-07-03

Total Pages: 337

ISBN-13: 0743293568

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In his address to the nation on September 20, 2001, President Bush declared war on terrorism and set in motion a detention policy unlike any we have ever seen. Since then, the United States has seized thousands of people from around the globe, setting off a firestorm of controversy. Guantanamo and the Abuse of Presidential Power explores that policy and the intense debates that have followed. Written by an expert on the subject, one of the lawyers who fought -- and won -- the right for prisoners to have judicial review, this important book will be of immense interest to liberals and conservatives alike. With shocking facts and firsthand accounts, Margulies takes readers deep into the Guantánamo Bay prison, into the interrogation rooms and secret cells where hundreds of men and boys have been designated "enemy combatants." Held without legal process, they have been consigned to live out their days in isolation until the Bush administration sees fit to release them -- if itever does. Margulies warns Americans to be especially concerned by the administration's assertion that the Presidentcan have unlimited and unchecked legal authority. Tracing the arguments on both sides of the debate, this vitally important book paints a portrait of a country divided, on the brink of ethical collapse, where the loss of personal freedoms is under greater threat than ever before.

The Rights of Non-citizens
The Rights of Non-citizens

Author: United Nations. Office of the High Commissioner for Human Rights

Publisher: United Nations Publications

Published: 2006

Total Pages: 58

ISBN-13:

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International human rights law is founded on the premise that all persons, by virtue of their essential humanity, should enjoy all human rights. Exceptional distinctions, for example between citizens and non-citizens, can be made only if they serve a legitimate State objective and are proportional to the achievement of the objective. Non-citizens can include: migrants, refugees and asylum seekers, victims of trafficking, foreign students, temporary visitors and stateless people. This publication looks at the diverse sources of international law and emerging international standards protecting the rights of non-citizens, including international conventions and reports by UN and treaty bodies

Guantánamo
Guantánamo

Author: Michael Ratner

Publisher: Chelsea Green Publishing

Published: 2004-06-29

Total Pages: 186

ISBN-13: 1603581898

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In the months following its initial release, Guantánamo: What the World Should Know has proved to be a disturbingly accurate account of the Bush administration's tangle with civil liberties and torture. Written by Michael Ratner (Center for Constitutional Rights President and co-consul on the case of Rasul v. Bush)and Ellen Ray (Institute for Media Analysis President), Guantánamo is the most authoritative documentation to date on President Bush's moves toward a network of detention centers--a system without accountability, which flouts U.S. and international law. With a resource section that includes the Gonzales memo to President Bush and excerpts from the Geneva Conventions, Guantánamo provides strong evidence of Ratner explains how Gonzales and the Bush Administration are acting to radically alter America's historic commitment to civil and human rights, and why all Americans should resist what is being done in our name. Gathered together for the first time, Guantánamo: What the World Should Know includes the governmental memoranda that led to the conditions at the Naval Station at Guantánamo Bay, Abu Ghraib and beyond. Ratner and Ray give the definitive account of what led to the current conditions at Guantánamo and the importance of continuing to fight against the violations of U.S. and international law undertaken by the United States since 9-11. This book is a must-read for anyone concerned with the rule of law, liberty, democracy--and the right to dissent. Guantánamo also includes the essay 'A president beyond the law' by Anthony Lewis.

Storming the Court
Storming the Court

Author: Brandt Goldstein

Publisher: Simon and Schuster

Published: 2006-12-12

Total Pages: 385

ISBN-13: 1416535152

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Subtitle in hardcover printing: How a band of Yale law students sued the President--and won.

Engines of Liberty
Engines of Liberty

Author: David Cole

Publisher: Basic Books

Published: 2016-03-29

Total Pages: 322

ISBN-13: 0465098517

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From the national legal director of the ACLU, an essential guidebook for anyone seeking to stand up for fundamental civil liberties and rights One of Washington Post's Notable Nonfiction Books of 2016 In an age of executive overreach, what role do American citizens have in safeguarding our Constitution and defending liberty? Must we rely on the federal courts, and the Supreme Court above all, to protect our rights? In Engines of Liberty, the esteemed legal scholar David Cole argues that we all have a part to play in the grand civic dramas of our era -- and in a revised introduction and conclusion, he proposes specific tactics for fighting Donald Trump's policies. Examining the most successful rights movements of the last thirty years, Cole reveals how groups of ordinary Americans confronting long odds have managed, time and time again, to convince the courts to grant new rights and protect existing ones. Engines of Liberty is a fundamentally new explanation of how our Constitution works and the part citizens play in it.

Guantanamo and the Abuse of Presidential Power
Guantanamo and the Abuse of Presidential Power

Author: Joseph Margulies

Publisher: Simon and Schuster

Published: 2007-07-03

Total Pages: 354

ISBN-13: 0743286863

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Weaving together firsthand accounts of military personnel who witnessed the interrogations with the words of the prisoners themselves, Margulies exposes the chilling reality of Guantanamo Bay.