eBook - PDF

Habeas Corpus

Name: Habeas Corpus
Author: Paul D. Halliday

From England to Empire

Paul D. Halliday,

English
PDF
Available on iOS & Android

eBook - PDF

Habeas Corpus

From England to Empire

Paul D. Halliday,

About this book

We call habeas corpus the Great Writ of Liberty. But it was actually a writ of power. In a work based on an unprecedented study of thousands of cases across more than five hundred years, Paul Halliday provides a sweeping revisionist account of the world's most revered legal device.

In the decades around 1600, English judges used ideas about royal power to empower themselves to protect the king's subjects. The key was not the prisoner's "right" to "liberty"—these are modern idioms—but the possible wrongs committed by a jailer or anyone who ordered a prisoner detained. This focus on wrongs gave the writ the force necessary to protect ideas about rights as they developed outside of law. This judicial power carried the writ across the world, from Quebec to Bengal. Paradoxically, the representative impulse, most often expressed through legislative action, did more to undermine the writ than anything else. And the need to control imperial subjects would increasingly constrain judges. The imperial experience is thus crucial for making sense of the broader sweep of the writ's history and of English law.

Halliday's work informed the 2008 U.S. Supreme Court ruling in Boumediene v. Bush on prisoners in the Guantánamo detention camps. His eagerly anticipated book is certain to be acclaimed the definitive history of habeas corpus.

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Yes, you can access Habeas Corpus by Paul D. Halliday in PDF and/or ePUB format, as well as other popular books in History & British History. We have over one million books available in our catalogue for you to explore.