Civil Liberties

Civil Liberties

Introduction

It is the shift depicted by the U.S. detention policy triggered by the 9/11 event that has raised this issue pertaining to the non-compliance of U.S. government with the right of 'Habeas Corpus', laid forth by the constitution of United States, in the first place. This depicts the thesis statement. The main element that is of immense value to people but has been violated by the American national government in this process is the civil liberty. Civil liberty has been jeopardized by the practices opted by American government; heralded by the Bush administration, and it is precisely this aspect as a result of which 11 years past the 9/11 event, the effects are still felt and the concerned debate is still ongoing which is far from reaching any substantial conclusion.

Discussion

Right of Habeas Corpus

Literally, Habeas Corpus is a Latin word which predominantly means 'Have the body or carcass'. Warrant or the writ pertaining to Habeas Corpus is basically a demand for the body or carcass of the prisoner, made by the U.S. Supreme Court to the government or governmental institute; in pursuance with the clauses embedded in the U. S. constitution. The government is thereby required by the court to produce the body in front of the jury and the judge in order to demonstrate the grounds on which the prisoner was indicted and imprisoned, in an attempt to keep the detention system impartial and ensure compliance with the judicial policies.

Relationship with Civil Liberties

Right of Habeas Corpus is considered as 'The great Writ' because it acts as the last resort for the prisoners who are imprisoned arbitrarily without any substantial reason. This is used as a key to ensure compliance with U.S. Declaration of Independence; the central theme of which is the right of the citizens to not be imprisoned arbitrarily. Mentioned in the first article of the United States Constitution, section 9 explicitly indicates that the right cannot be suspended or surpassed until and unless public safety is at threat through rebellion or invasion.

Thus, the Right of Habeas Corpus of the citizen predominantly makes the government or governmental organization liable to justify their detaining or imprisoning of citizens, while protecting the imprisoned form being outlawed without being tried. Thus it essentially protects people from the whim of those in government and ensures government by law; instead of government by men. This reflects the direct relationship that exists between the right of Habeas Corpus and Civil Liberties.

Efficacy of the institutional framework pertaining to the civil society was doubted post 9/11 event and this is the element which further intensified the ongoing constitutional struggle between the provision of civil liberty and the protection of national security of USA. But even then for the provision of civil liberty to be adhered absolutely, right of habeas corpus needs to be upheld and the doctrine is required to be followed completely. National security might or not be jeopardized in effective use of this clause but if Habeas Corpus is suspended, ...