Habeas Corpus

Habeas Corpus

Introduction

This paper intends to discuss the right of Habeas Corpus in the context of the war on terror. Further, it explains the general meaning of the right of Habeas Corpus in the US Constitution and its relationship to the protection of their civil liberties. In addition to this, it examines the historical evolution of habeas corpus, including its English and American traditions. To have a deep rooted insight, the explanation is demonstrated with the help of examples from US history of the suspension of habeas corpus and their applicability to the present.

The relevance of habeas corpus to the contemporary US situation during the war on terror, especially with respect to persons characterized by the President as 'enemy combatants' or 'illegal combatants'

The US supreme court's interpretation of the right of habeas corpus with respect to 'enemy combatants' or 'illegal combatants' (i.e. the views of the five justices making up the majority in Boumediene v. Bush as well as the views of the four dissenting justices. Several other perspectives were also considered, such as the role of President as commander-in-chief, the role of congress in determining when habeas corpus can be 'suspended', the role of the Supreme Court in protecting civil liberties, including the judicial philosophy, which should guide the Court in this role and your personal philosophy, values or ideology about the balance between civil liberties and national security in the context of an never ending war on terror.

Discussion

Background

Habeas corpus is an institution legal guarantee of personal freedom of individuals, in order to avoid arbitrary arrest and detention. It is based on the requirement to submit all detainees within a short period before the judge, who may order the immediate release of arrested if found sufficient reason for arrest. In other words, it be said that Habeas Corpus, a meaning based on Latin legal term "you have the body," is a court order preventing citizens from being arrested or detained indefinitely without providing the reason, cause or evidence as to the purpose of such detention. When a prisoner files a habeas corpus petition, the executive branch of government must explain to the judicial branch for the purpose of his detention. This requirement prevents the government from simply locking people up for no reason for an extended period of time (Freedman, 2001).

The historical background of habeas corpus are found in Roman law, in Homo injunction release through which all people could request the display of the free man who was deprived of his liberty for particular, before the praetor, which would result in a summary trial, at Aragon in 1428, when the Chief Justice of Aragon could interrupt the implementation of orders of the monarch when affecting the freedom and rights of men.

Court proceedings in the U.S. related to Guantanamo began in 2002, and are still ongoing in 2009. After a series of court decisions, including the Supreme Court , as well as acts of Congress, the legal situation of these detainees, described by the Bush administration as ...