Habeas Corpus: A Very Short Introduction
Details
The storied writ of habeas corpus-literally, to hold the body-has enjoyed celebrated status in the common law tradition for centuries. Writing in the eighteenth century, the widely influential English jurist and commentator William Blackstone once labeled the writ of habeas corpus a ''bulwark of our liberties.'' Soon thereafter, a member of Parliament glorified the writ as ''(t)he great palladium of the liberties of the subject.'' Meanwhile, across the Atlantic, in the lead up to the American Revolution, the Continental Congress declared that the habeas privilege and the right to trial by jury were among the most important rights in a free society, ''without which a people cannot be free and happy.'' A few years later, while promoting the ratification of the United States Constitution in The Federalist, Alexander Hamilton celebrated the privilege as one of the 'greate(st) securities to liberty and republicanism'' known. Thus, as another participant in the ratification debates wrote, the writ of habeas corpus has long been viewed as ''essential to freedom.''
| Author: | TYLER AMANDA |
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| ISBN-13: | 9780190918989 |
| Publisher: | OUP |
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