Habeas Corpus

Habeas Corpus

Introduction

Habeas Corpus writ requires an individual, who is under arrest to be presented in front of the judge or in a court, for that matter. The primary principal of this writ makes sure that the arrested person can be relieved from being a prisoner from a detention which is not lawful, meaning that the detention doesn't contain evidence or cause that is sufficient. This right can be used by the prisoner or any other, on behalf of the prisoner. Habeas Corpus was initiated in the English Justice System. However, now it is being practiced in various nations, across the world.

Historically speaking, it has been considered as an important legal tool for guarding the freedom of the individuals against arbitrary. However, it has certain limitations. It is just a procedural remedy; a guarantee against detention not allowed by the law. It doesn't protect other legal rights such as a guarantee for a fair trial. In the history, there were presidents, who banned the practice of this right. They did face criticism from many; however, over the decades this law has evolved, as there has been a tremendous change in the society, and due to the post 9/11, the USA scrutinizes this law more than it did before. This is because it is a question of the American national security, (Bator, 1963).

In our discussion, we will be focusing on this right in context to the war on terror. We will be speaking about the evolution of this right in American and English traditions. We will be looking at the examples from the history. Analyze the relevance of this right during the war times.

Discussion

Historical evolution of habeas corpus

Habeas Corpus has an ancient history, appearing to be that of the Anglo-Saxon origin of the common law. It clearly precedes the Magna Carta in 1215. The major effect of Habeas Corpus was very clearly seen to be achieved in the middle Ages, through many writs. Over the years, the sum collection gave the same effect as the modern writ. Since the earliest of the times, it has been employed for the purpose of compelling the appearance of an individual in custody to be presented before the court of law, although the practice of this writ has evolved over the years. Initially it was used as the writ for the Kings and the royal courts; the passage of time has allowed it to evolve it as a prerogative writ originated by the person who was held as a prisoner. The right and the practice of Habeas Corpus was a general practice during the times of Magna Carta and were considered an integral part of not so common law of the land, (Amsterdam, 1965).

Speaking about this law in terms of the American traditions, this writ highlights the major moments of developmental in its evolution. It simply displays that during the period of antebellum, ongoing war against terrorism and reconstruction, this writ has warned regarding the harmony of politics, at ...