Habeas Corpus

From England to Empire

Author: Paul Delaney Halliday

Publisher: Harvard University Press

ISBN: 9780674049017

Category: History

Page: 502

View: 4873

A revisionist history of habeas corpus the world's most revered legal device. Habeas corpus was not established to protect the rights of the individual but rather to protect the individual from abusive judges and jailers.

The Power of Habeas Corpus in America

From the King's Prerogative to the War on Terror

Author: Anthony Gregory

Publisher: Cambridge University Press

ISBN: 1107067952

Category: Law

Page: N.A

View: 5485

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.

Britain's Oceanic Empire

Atlantic and Indian Ocean Worlds, c.1550–1850

Author: H. V. Bowen,Elizabeth Mancke,John G. Reid

Publisher: Cambridge University Press

ISBN: 1139510819

Category: History

Page: N.A

View: 2752

This pioneering comparative study of British imperialism in the Atlantic and Indian Ocean worlds draws on the perspectives of British newcomers overseas and their native hosts, metropolitan officials and corporate enterprises, migrants and settlers. Leading scholars examine the divergences and commonalities in the legal and economic regimes that allowed Britain to project imperium across the globe. They explore the nature of sovereignty and law, governance and regulation, diplomacy, military relations and commerce, shedding new light on the processes of expansion that influenced the making of empire. While acknowledging the distinctions and divergences in imperial endeavours in Asia and the Americas - not least in terms of the size of indigenous populations, technical and cultural differences, and approaches to indigenous polities - this book argues that these differences must be seen in the context of what Britons overseas shared, including constitutional principles, claims of sovereignty, disciplinary regimes and military attitudes.

The Law of Habeas Corpus

Author: Judith Farbey,R.J. Sharpe,Simon Atrill

Publisher: Oxford University Press

ISBN: 0199248249

Category: Law

Page: 255

View: 5493

Habeas corpus is everyone's 'get out of jail free' card. It is the legal remedy ensuring a person's release from prison or any other form of custody when the detention cannot be justified in law. This volume provides in-depth and critical analysis of the law behind this vital protection of liberty.

The Origins of Modern Freedom in the West

Author: Richard W. Davis

Publisher: Stanford University Press

ISBN: 9780804724746

Category: Political Science

Page: 384

View: 6035

The volume begins with a study by Douglass C. North that emphasizes the economic and social factors that encouraged the development of freedom in the West and inhibited its development in other societies, notably China. The Greeks first devised civil and political liberty, and also were the first to have a word, eleutheria, for the concept. Martin Ostwald traces the history of the word over the course of Greek history, seeking when and why it assumed a meaning similar to freedom. Brian Tierney demonstrates how the medieval Church, by perpetuating Roman traditions of popular election and inspiring representative government, was vital to the development of modern freedom. The earliest secular institutions to follow the example of the Church in shaping their own governments were the towns of Italy, and John Hine Mundy shows how the towns served as the initial training grounds for laymen in the practice of free government. Monarchs whose coffers were depleted by continuous warfare sought to tap the resources of the wealthy towns and better-off rural residents, but these long-independent groups were not easily bullied and gathered their representatives together to negotiate taxation and grievances. In two chapters, H. G. Koenigsberger traces this background of parliaments and estates from all over Europe from the thirteenth century through the early modern era. In seventeenth-century England, parliamentary legislation would become the major vehicle for protecting the liberties of the subject. Before that, however, the common law courts were the main arena for advancing freedom, as J. H. Baker shows in his examination of the key developments in the common law. Traditionally, the Renaissance and the Reformation have been looked upon as largely separate phenomena. William J. Bouwsma asserts that in fact they were closely linked, with profound consequences for the shaping of modern freedom. Donald R. Kelley discusses the various forms and justifications of resistance that arose against the powerful monarchies that had emerged from the chaos and confusion of the fourteenth and early fifteenth centuries.

Lives of the Law

Selected Essays and Speeches: 2000-2010

Author: Tom Bingham

Publisher: OUP Oxford

ISBN: 0191029599

Category: Law

Page: 402

View: 7094

Tom Bingham (1933-2010) was the 'greatest judge of our time' (The Guardian), a towering figure in modern British public life who championed the rule of law and human rights inside and outside the courtroom. Lives of the Law collects Bingham's most important later writings, in which he brings his distinctive, engaging style to tell the story of the diverse lives of the law: its life in government, in business, and in human wrongdoing. Following on from The Business of Judging (2000), the papers collected here tackle some of the major debates in British public life over the last decade, from reforming the constitution to the growth of human rights law. They offer Bingham's distinctive insight on issues such as the role of the judiciary in a democracy, the implementation of the Human Rights Act, and the development of the rule of law, in the UK and internationally. Written in the accessible style that made The Rule of Law (2010) a popular success, the book will be essential reading for all those working in law, and an engaging inroad to understanding modern constitutional and legal debates for the general reader.

Essays in the History of Canadian Law

Quebec and the Canadas

Author: George Blaine Baker,Donald Fyson

Publisher: University of Toronto Press

ISBN: 1442670061

Category: History

Page: 608

View: 7801

The essays in this volume deal with the legal history of the Province of Quebec, Upper and Lower Canada, and the Province of Canada between the British conquest of 1759 and confederation of the British North America colonies in 1867. The backbone of the modern Canadian provinces of Ontario and Quebec, this geographic area was unified politically for more than half of the period under consideration. As such, four of the papers are set in the geographic cradle of modern Quebec, four treat nineteenth-century Ontario, and the remaining four deal with the St. Lawrence and Great Lakes watershed as a whole. The authors come from disciplines as diverse as history, socio-legal studies, women’s studies, and law. The majority make substantial use of second-language sources in their essays, which shade into intellectual history, social and family history, regulatory history, and political history.

Habeas Corpus in International Law

Author: Brian R. Farrell

Publisher: Cambridge University Press

ISBN: 1316824667

Category: Political Science

Page: 257

View: 9394

Habeas Corpus in International Law is the first comprehensive examination of this subject. It looks at the location, scope, and significance of the right to a judicial determination of the legality of one's detention as guaranteed by international and regional human rights instruments. First, it examines the history of habeas corpus and its place in human rights treaties, providing a useful resource for understanding the status and application of this internationally-protected right. The book continues by identifying and analyzing the primary challenges to habeas corpus, in particular its applicability during armed conflict, the possibility of derogation, and its extraterritorial application and procedural shortcomings. The book next addresses the significance of habeas corpus guarantees not just in protecting personal liberty, but in promoting the international rule of law by serving as a unique check on executive action. Finally, it offers suggestions on how this right might be strengthened.

Die vielköpfige Hydra

die verborgene Geschichte des revolutionären Atlantiks

Author: Peter Linebaugh,Marcus Rediker

Publisher: N.A

ISBN: 9783935936651

Category:

Page: 427

View: 4279

Die europäische Expansion und das Völkerrecht.

Die Auseinandersetzungen um den Status der überseeischen Gebiete vom 15. Jahrhundert bis zur Gegenwart.

Author: Jörg Fisch

Publisher: Franz Steiner Verlag Wiesbaden GmbH

ISBN: N.A

Category: Colonies (International law).

Page: 569

View: 6301

Die Rechte des Menschen

Eine Antwort auf Burke's Angriff gegen die französische Revolution u. zugleich eine Kritik des Wesens u. des Werthes der verschied. bestehenden Regierungsformen. Aus dem Englischen. Mit einer Biographie des Verfassers u. einer Vorrede von Friedrich Hecker. [Paine, Thomas]

Author: Thomas Paine

Publisher: N.A

ISBN: N.A

Category:

Page: 368

View: 7898

Die unbarmherzige Revolution

eine Geschichte des Kapitalismus

Author: Joyce Oldham Appleby

Publisher: N.A

ISBN: 9783867741354

Category:

Page: 686

View: 5277

In ihrer großen Geschichte des Kapitalismus erzählt Joyce Appleby die Geschichte unseres Wirtschaftssystems: von den großen Entdeckungen der Portugiesen, vom Sklavenhandel über die industrielle Revolution bis zur Globalisierung der Gegenwart, und beschreibt schließlich unsere ökonomische und auch kulturelle Identität, die so sehr vom Kapitalismus geprägt ist. Messerscharf seziert sie die guten und die schlechten Seiten des Kapitalismus und beschreibt, was der Kapitalismus mit den Menschen macht. Eine mitreißende Lektüre für alle, die von der "unbarmherzigen Revolution" profitieren oder an ihr verzweifeln.

Canada and the British Empire

Author: Phillip Alfred Buckner

Publisher: Oxford University Press, USA

ISBN: 9780199271641

Category: History

Page: 294

View: 4745

Canada and the British Empire traces the evolution of Canada, placing it within the wider context of British imperial history. Beginning with a broad chronological narrative, the volume surveys the country's history from the foundation of the first British bases in Canada in the early seventeenth century, until the patriation of the Canadian constitution in 1982. Historians approach the subject thematically, analysing subjects such as British migration to Canada, the role played by gender in the construction of imperial identities, and the economic relationship between Canada and Britain. Other important chapters examine the history of Newfoundland, the history and legacy of imperial law, and the attitudes of French Canadians and Canada's aboriginal peoples to the imperial relationship. The overall focus of the book is on emphasising the part that Canada played in the British Empire, and on understanding the Canadian response towards imperialism. With contributions from leading scholars in the field, it is essential reading for anyone interested either in the history of Canada or in the history of the British Empire.