The Most Fundamental Legal Right: Habeas Corpus in the Commonwealth

Hardcover | April 1, 2000

byDavid Clark, Gerard McCoy

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This book on habeas corpus throughout the Commonwealth explores the theme of the fortunes of the writ and the conditions under which it has either flourished or waned. Drawing upon a wide range of commonwealth authorities, and including materials from the colonial period as well as fromex-Commonwealth or ex-empire states, this volume considers the diffusion of the writ, the myths surrounding it, and the uses to which the writ has been put which distinguish the remedy from the English experience. The reach of the writ in time and space is considered especially in multi-jurisdictional and federal legal systems, as well as the availability of habeas corpus in non-custodial situations such as bail, house arrest, parole and probation. Given the ubiquity of emergencies and military governmentfor long periods in several jurisdictions, the fate of the writ under conditions of martial law and emergency rule is also considered. The constitutional status of the writ and the expansion of the role of the writ in states with a bill of rights is shown to have both enlivened the jurisprudenceon the writ and expanded the ambit of habeas corpus review. Finally, a neglected aspect of the writ as used against detentions ordered by Parliament is discussed in the final chapter, where it is shown that the reach of review is far wider in a number of commonwealth jurisdictions than in Englanditself. No previous collection of essays or monograph has attempted to explore the writ against a Commonwealth-wide canvas and the differences in the role and use of the writ that emerge are a counterpoint to established thinking about the writ in England and some older commonwealth jurisdictions. While nopolicy prescriptions are presented, the ideas and arguments discussed in the book should prove to be an inspiration for lawyers and legislators in different parts of the Commonwealth.

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This book on habeas corpus throughout the Commonwealth explores the theme of the fortunes of the writ and the conditions under which it has either flourished or waned. Drawing upon a wide range of commonwealth authorities, and including materials from the colonial period as well as fromex-Commonwealth or ex-empire states, this volume c...

David Clark is Associate Professor at the School of Law, Flinders University, Australia Gerard McCoy QC affiliated to the Law Faculty, University of Canterbury, New Zealand

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Format:HardcoverPublished:April 1, 2000Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198265840

ISBN - 13:9780198265849

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Table of Contents

1. Introduction : An Exegesis : Habeas Corpus2. Myth and Reality : Habeas Corpus3. Martial Law and Habeas Corpus4. Emergencies and Habeas Corpus5. Duration of Detention and Habeas Corpus6. Geography, Jurisdiction and Habeas Corpus7. Non-Custodial Restraint and Habeas Corpus8. Bill of Rights, Constitutions and Habeas Corpus9. Contempt of the Legislature and Habeas CorpusBibliographyIndex

Editorial Reviews

`This collect ion nine studies in the law of personal liberty is ...a work of high quality....The authors have assembled an extremely impressive range of material.'Irish Jurist 35 (2000)