Chapter

<i>Geography and Jurisdiction</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/9780198265849.003.0006
Geography and Jurisdiction

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This chapter considers the territorial or geo-juridical reach of the remedy of habeas corpus. The basic principle is that once a detainee has physically left a jurisdiction, no court within that jurisdiction can issue the writ in relation to him or her. However, this is now subject to emerging exceptions. The reach of the writ in unitary and federal legal systems is examined, along with how it has been made to work when the detainee has left the jurisdiction. The chapter also looks at cases of child abduction or retention, international kidnapping by the executive, foreign expulsions by governments, and detentions on military bases in foreign countries.

Keywords: habeas corpus; writ; remedy; jurisdiction; child abduction; international kidnapping; foreign expulsions; military bases; detentions

Chapter.  22257 words. 

Subjects: Human Rights and Immigration

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