Chapter

<i>Bills of Rights, Constitutions, and 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/9780198265849.003.0008
Bills of Rights, Constitutions, and Habeas Corpus

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This chapter discusses whether a written constitution with an entrenched Bill of Rights extends or enhances the rights of detainees which are afforded at common law by the writ of habeas corpus. In some legal systems, multiple legal instruments confer rights. Some are general, and some deal with specific areas of the law. This chapter considers the rights which are due in ordinary situations. One other preliminary observation which emerges from the cases is that provision is made in a number of constitutions for constitutional duties, and some national courts have made it plain that the community has rights as well as individuals. Different types of rights instruments apply in different jurisdictions, such as constitutional bills or charters of rights, acts of parliament, international instruments, judicial decisions, and judicial practice. This chapter also examines mistreatment in custody, Bill and ordinary legislation to be read consistently where possible, right to be told the grounds for the detention, and right to seek or be given legal advice or assistance.

Keywords: habeas corpus; Bill of Rights; constitutions; writ; rights instruments; custody; detention; legislation; legal advice

Chapter.  13288 words. 

Subjects: Human Rights and Immigration

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