Chapter

<i>Habeas Corpus</i>

DAVID CLARK and GERARD McCOY

in The Most Fundamental Legal Right

Published in print April 2000 | ISBN: 9780198265849
Published online January 2010 | e-ISBN: 9780191715280 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198265849.003.0001
Habeas Corpus

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The writ of habeas corpus is famous not least because of its part in the important constitutional struggles in England in the 17th century but also because ever since then famous people have applied for the remedy — and in some cases ordinary people have become famous by having done so. Although the writ has had its origins in England, it has also had a considerable career outside England. This book considers the remedy’s evolution beyond English shores in the common-law countries of the Commonwealth, and in particular the ways in which the writ has come to be altered by a variety of circumstances that either simply do not apply in England, or where the circumstances take on a different character from that found in England. Because of the diaspora of the common law, local courts have developed their own local common law, particularly in constitutional matters. The book gives special attention to jurisdictions in Asia, African, and the Caribbean.

Keywords: habeas corpus; writ; England; common law; Commonwealth; remedy; Asia; Africa; Caribbean

Chapter.  19997 words. 

Subjects: Human Rights and Immigration

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