Habeas Corpus Act and the War on Terror



Habeas Corpus Act and the War on Terror

Introduction

Habeas Corpus Act is a writ, or legal action, through which a prisoner from the unlawful detention may be released from the detention from appealing in the court regarding their unlawful detention and imprisonment. The remedy can be sought by the prisoner or by another person coming to their aid. Habeas Corpus Act is the British legal system created to help wealthy landowners; however, it is now available in many nations. It is an important legal instrument that has been known historically to protect the individual freedom of certain individuals against arbitrary state action. It is a court document that requires a person to be brought before a judge.

Its origins date back to medieval England. Since then, it has been strengthened and clarified to make real and effective guarantees against arbitrary detention by the Habeas Corpus Act of 1679. Become a mainstay of British civil liberties, it applies in the colonies and is present in most countries in the twenty first century for applying the common law. In the United States, it has constitutional value that cannot be suspended in time of war. In contrast, in the United Kingdom, it remained strictly English, or only applies in Scotland or Northern Ireland.

Discussion

The purpose of Habeas Corpus was to safeguard the integrity and liberty of the subject against any abuse of authority, including the judiciary (in case where we passed the judgment of a higher court). The Habeas Corpus Act of 1679 is the most authoritative legal reference in this field. The United States Constitution provides that habeas corpus "shall not be suspended, unless when in cases of rebellion or invasion, the public safety may require it”.

The war situations often involve invocation of Habeas Corpus. It can be deduced so that the last element that makes gives person with rights is precisely its corporeality, its burden, its materiality, which is largely made up of water. On the other hand, the same mind can only work if there is already a physical practice. Ultimately, no human action is even conceivable and realizable in the absence of a body which performs the de facto. Accordingly, no sociology insofar as it affects human action can help to investigate the role and potential of the body. In short, sociology of the body is not only useful but it is certainly necessary (Wert, 2011).

To measure the extent of the attacks, the example of Britain is particularly interesting in carrying out against the liberties in the name of combating terrorism. It was in Europe that the most advanced point in the dismantling of the rule of law, even exceed several times the measures taken in the United States. What happens in England could immediately be the kind of reform that European governments would have soon proposed.

The British government has a capacity of anticipation over what happens on the continent. This also doubles the expectation of people. It exists in relation to measures taken ...