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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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The Power of Habeas Corpus in America: From the King's Prerogative to the War on Terror


ISBN13: 9781107459663
Published: April 2014
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £34.99



Despatched in 6 to 8 days.

Despite its mystique as the greatest Anglo-American legal protection, habeas corpus' history features power plays, political hypocrisy, ad hoc jurisprudence, and failures in securing individual liberty. This book tells the story of the writ from medieval England to modern America, crediting the rocky history to the writ's very nature as a government power.

The book weighs in on habeas' historical controversies - addressing its origins, the relationship between king and parliament, the US Constitution's Suspension Clause, the writ's role in the power struggle between the federal government and the states, and the proper scope of federal habeas for state prisoners and wartime detainees from the Civil War and World War II to the War on Terror. It stresses the importance of liberty and detention policy in making the writ more than a tool of power. The book presents a more nuanced and critical view of the writ's history, showing the dark side of this most revered judicial power.

Subjects:
Legal History, Other Jurisdictions , USA
Contents:
Part I. A History of Power Struggles:
1. Common law, royal courts
2. Parliament and the king
3. Americanization
4. Constitutional counterrevolution
5. Fugitive slaves and liberty laws
6. Suspension and civil war
7. The writ reconstructed
8. Lynch mob justice
9. The writ in world war
10. Federal activism and retreat

Part II. Executive Detention in Post-9/11 America:
11. Ad hoc detentions
12. Bush's prerogative
13. The dance of the court and the executive
14. Obama's legal black hole

Part III. Custody and Liberty:
15. The great writ's paradox of power and liberty
16. A remedy in search of a principle
17. The modern detention state and the future of the writ.