The Law of Habeas Corpus

Hardcover | March 24, 2011

byA. D. R. Zellick, R. J. Sharpe

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Habeas corpus is the principal means under the common law for the protection of personal liberty. By this ancient writ, the court assumes control over the body of a prisoner so it can discharge him or her to freedom if no proper legal cause can be shown for detention. Habeas corpus securesrelease from any form of custody, whether decreed by the highest powers of the state or the lowest gangland slave-trader. Its reach is as diverse as the forms of confinement. For just two examples beyond the prison wall, a patient wrongly detained for compulsory medical treatment can invoke itsprotection and it can even be deployed to determine the proper parental custody of a child. This volume looks first at the historical development of the writ, tracing its growth in significance until its emergence as an item of central constitutional importance. Having established the traditional place of habeas corpus, the volume goes on to examine the limits of the remedy today. Itdescribes the modern workings of the application for habeas corpus and assesses the scope, function, and role of the procedure. It explores the relationship between habeas corpus and fundamental rights. The volume critically surveys the nature of judicial review on habeas corpus and investigatespast, present, and potential future uses of the writ. It aims to provide a comprehensive statement of current English law, with added discussion of the position in other Commonwealth countries. The volume concludes with a guide to procedure and sample forms.

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Habeas corpus is the principal means under the common law for the protection of personal liberty. By this ancient writ, the court assumes control over the body of a prisoner so it can discharge him or her to freedom if no proper legal cause can be shown for detention. Habeas corpus securesrelease from any form of custody, whether dec...

A. D. R. Zellick is a Barrister of Fountain Court Chambers. The Hon. Mr Justice R. J. Sharpe is a Judge of the Ontario Court of Appeal.
Format:HardcoverDimensions:350 pages, 9.21 × 6.14 × 0.98 inPublished:March 24, 2011Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199248249

ISBN - 13:9780199248247

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Table of Contents

Part I: The General Part1. Historical Aspects2. Habeas corpus: a procedure, remedy, and right3. Detention - a Precondition?Part II: The Grounds for Review4. Habeas corpus and Fundamental Rights5. Grounds for Review6. Jurisdictional Review and Error of Law7. Factual Review8. The ExecutivePart III: Two Areas of Differing Application9. Criminal Law10. Compulsory TreatmentPart IV: Further Considerations of Effectiveness11. Territorial Ambit12. AppealsPart V: Aspects of Practice13. Aspects of Practice

Editorial Reviews

`'Dr Sharpe's scholarly monograph fills an important gap in the modern literature of English public law.''The Law Quarterly Review