Chapter

<i>Martial Law</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/9780198265849.003.0003
Martial Law

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In some jurisdictions, the courts have introduced new distinctions that permit the remedy of habeas corpus to coexist in a martial law environment. The traditional notion is that martial law is a state of no law or at least a situation in which the law and the courts are inoperative. But this has not really been true, either in historical practice or in legal theory; at least in jurisdictions where the civil legal system operates, albeit in an attenuated fashion parallel to martial law. To state that habeas corpus still exists in law, if not in practice, can provide credibility for the military junta. This chapter discusses the effects of martial law on the writ of habeas corpus and its justification, the stance of the courts on the availability of habeas corpus during a period of martial law, martial law and emergency rule, new forms of martial law such as coup d’etat, and martial law under the Bill of Rights of the United States.

Keywords: habeas corpus; martial law; coup d’etat; emergency rule; Bill of Rights; United States; writ

Chapter.  14095 words. 

Subjects: Human Rights and Immigration

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