Download or read book Magna Carta written by Randy James Holland and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: An authoritative two volume dictionary covering English law from earliest times up to the present day, giving a definition and an explanation of every legal term old and new. Provides detailed statements of legal terms as well as their historical context.
Download or read book Habeas Corpus in Wartime written by Amanda L. Tyler and published by Oxford University Press. This book was released on 2017 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the most comprehensive account of the role of habeas corpus in wartime ever written. It draws on a wealth of untapped resources to shed light on the political and legal understanding of habeas corpus that has unfolded over the course of Anglo-American history. The book traces the roots of the habeas privilege enshrined in the United States Constitution to England and then carries the story forward to document the profound influence of English law on early American law. It then takes the story forward to document the understanding of the privilege and the role of suspension over the course of American history.
Download or read book Habeas Corpus written by Paul D. Halliday and published by Harvard University Press. This book was released on 2012-04-02 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: We call habeas corpus the Great Writ of Liberty. But it was actually a writ of power. In a work based on an unprecedented study of thousands of cases across more than five hundred years, Paul Halliday provides a sweeping revisionist account of the world's most revered legal device. In the decades around 1600, English judges used ideas about royal power to empower themselves to protect the king's subjects. The key was not the prisoner's "right" to "liberty"Ñthese are modern idiomsÑbut the possible wrongs committed by a jailer or anyone who ordered a prisoner detained. This focus on wrongs gave the writ the force necessary to protect ideas about rights as they developed outside of law. This judicial power carried the writ across the world, from Quebec to Bengal. Paradoxically, the representative impulse, most often expressed through legislative action, did more to undermine the writ than anything else. And the need to control imperial subjects would increasingly constrain judges. The imperial experience is thus crucial for making sense of the broader sweep of the writ's history and of English law. Halliday's work informed the 2008 U.S. Supreme Court ruling in Boumediene v. Bush on prisoners in the Guantnamo detention camps. His eagerly anticipated book is certain to be acclaimed the definitive history of habeas corpus.
Download or read book Federal Habeas Corpus written by Charles Doyle and published by Nova Publishers. This book was released on 2007 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federal habeas corpus is a procedure under which a federal court may review the legality of an individual's incarceration. It is most often the stage of the criminal appellate process that follows direct appeal and any available state collateral review. The law in the area is an intricate weave of statute and case law. Current federal law operates under the premise that with rare exceptions prisoners challenging the legality of the procedures by which they were tried or sentenced get "one bite of the apple." Relief for state prisoners is only available if the state courts have ignored or rejected their valid claims, and there are strict time limits within which they may petition the federal courts for relief. Moreover, a prisoner relying upon a novel interpretation of law must succeed on direct appeal; federal habeas review may not be used to establish or claim the benefits of a "new rule." Expedited federal habeas procedures are available in the case of state death row inmates if the state has provided an approved level of appointed counsel. The Supreme Court has held that Congress enjoys considerable authority to limit, but not to extinguish, access to the writ. This report is available in an abridged version as CRS Report RS22432, "Federal Habeas Corpus: An Abridged Sketch," by Charles Doyle.
Download or read book Habeas Corpus in America written by Justin J. Wert and published by University Press of Kansas. This book was released on 2023-09-15 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: For most Americans, habeas corpus is the cornerstone of our legal system: the principal constitutional check on arbitrary government power, allowing an arrested person to challenge the legality of his detention. In a study that could not be more timely, Justin Wert reexamines this essential individual right and shows that habeas corpus is not necessarily the check that we've assumed. Habeas corpus, it emerges, is as much a tool of politics as it is of law. In this first study of habeas corpus in an American political context, Wert shifts our collective emphasis from the judicial to the political-toward the changes in the writ influenced by Congress, the president, political parties, state governments, legal academics, and even interest groups. By doing so, he reveals how political regimes have used habeas corpus both to undo the legacies of their predecessors and to establish and enforce their own vision of constitutional governance. Tracing the history of the writ from the Founding to Hamdi v. Rumsfeld and Boumediene v. Bush, Wert illuminates crucial developmental moments in its evolution. He demonstrates that during the antebellum period, Reconstruction, Gilded Age, Great Society, and the ongoing war on terrorism, habeas corpus has waxed and waned in harmony with the interests of majoritarian politics. Along the way, Wert identifies and explains the political context of fine points of law that many political scientists and historians may not be aware of—such as the exhaustion rule requiring that a federal habeas participant must first exhaust all possible claims for relief in state court, a maneuver by which the post-Reconstruction Court abandoned supervision of race relations in the South. Especially in light of the new scrutiny of habeas corpus prompted by the Guantánamo detainees, Wert's book is essential for broadening our understanding of how law and politics continue to intersect after 9/11. Brimming with fresh insights into constitutional development and regime theory, it shows that the Great Writ of Liberty may not be so great as we have supposed-because while it has the potential to enforce conceptions of rights that are consistent with the best ideals of American politics, it also has the potential to enforce its worst aspects as well.
Download or read book The Social History of Crime and Punishment in America written by Wilbur R. Miller and published by SAGE Publications. This book was released on 2012-07-20 with total page 2657 pages. Available in PDF, EPUB and Kindle. Book excerpt: Several encyclopedias overview the contemporary system of criminal justice in America, but full understanding of current social problems and contemporary strategies to deal with them can come only with clear appreciation of the historical underpinnings of those problems. Thus, this five-volume work surveys the history and philosophy of crime, punishment, and criminal justice institutions in America from colonial times to the present. It covers the whole of the criminal justice system, from crimes, law enforcement and policing, to courts, corrections and human services. Among other things, this encyclopedia: explicates philosophical foundations underpinning our system of justice; charts changing patterns in criminal activity and subsequent effects on legal responses; identifies major periods in the development of our system of criminal justice; and explores in the first four volumes - supplemented by a fifth volume containing annotated primary documents - evolving debates and conflicts on how best to address issues of crime and punishment. Its signed entries in the first four volumes--supplemented by a fifth volume containing annotated primary documents--provide the historical context for students to better understand contemporary criminological debates and the contemporary shape of the U.S. system of law and justice.
Download or read book Halsbury s Statutes of England written by Hardinge Stanley Giffard Halsbury and published by Butterworths. This book was released on 1971 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The British Constitution A Very Short Introduction written by Martin Loughlin and published by Oxford University Press. This book was released on 2023-09-26 with total page 145 pages. Available in PDF, EPUB and Kindle. Book excerpt: Very Short Introductions: Brilliant, Sharp, Inspiring The British constitution is regarded as unique among the constitutions of the world. What are the main characteristics of Britain's peculiar constitutional arrangements? How has the British constitution altered in response to the changing nature of its state - from England, to Britain, to the United Kingdom? What impact has the UK's developing relations with the European Union caused? These are some of the questions that Martin Loughlin addresses in this Very Short Introduction. As a constitution, it is one that has grown organically in response to changes in the economic, political, and social environment, and which is not contained in a single authoritative text. By considering the nature and authority of the current British constitution, and placing it in the context of others, Loughlin considers how the traditional idea of a constitution came to be retained, what problems have been generated as a result of adapting a traditional approach in a modern political world, looking at what the future prospects for the British constitution are. In this new edition of the Very Short Introduction, Loughlin includes a disucssion of the impact of developments over the decade since its first publication, examining Brexit, the Scottish independence referendum of 2014, and the settlement in Northern Ireland. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Download or read book Our Rights written by David J. Bodenhamer and published by Oxford University Press, USA. This book was released on 2007 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This boxed set contains classroom resources to help America's educators teach about the most important documents in U.S. history"--Box
Download or read book The Law of Habeas Corpus written by Judith Farbey and published by Oxford University Press. This book was released on 2011-02-24 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: Habeas corpus is the principal means under the common law for the protection of personal liberty. By this ancient writ, the court assumes control over the body of a prisoner so it can discharge him or her to freedom if no proper legal cause can be shown for detention. Habeas corpus secures release from any form of custody, whether decreed by the highest powers of the state or the lowest gangland slave-trader. Its reach is as diverse as the forms of confinement. For just two examples beyond the prison wall, a patient wrongly detained for compulsory medical treatment can invoke its protection and it can even be deployed to determine the proper parental custody of a child. This volume looks first at the historical development of the writ, tracing its growth in significance until its emergence as an item of central constitutional importance. Having established the traditional place of habeas corpus, the volume goes on to examine the limits of the remedy today. It describes the modern workings of the application for habeas corpus and assesses the scope, function, and role of the procedure. It explores the relationship between habeas corpus and fundamental rights. The volume critically surveys the nature of judicial review on habeas corpus and investigates past, present, and potential future uses of the writ. It aims to provide a comprehensive statement of current English law, with added discussion of the position in other Commonwealth countries. The volume concludes with a guide to procedure and sample forms.
Download or read book On Civil Liberty and Self government written by Francis Lieber and published by . This book was released on 1859 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book An Introduction to the Study of the Law of the Constitution written by A.V. Dicey and published by Springer. This book was released on 1985-09-30 with total page 729 pages. Available in PDF, EPUB and Kindle. Book excerpt: A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.
Download or read book The Power of Habeas Corpus in America written by Anthony Gregory and published by Cambridge University Press. This book was released on 2013-04-15 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book A Concise History of the Common Law written by Theodore Frank Thomas Plucknett and published by The Lawbook Exchange, Ltd.. This book was released on 2001 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published: 5th ed. Boston: Little, Brown and Co., 1956.
Download or read book Habeas Corpus written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Criminal Justice and published by . This book was released on 1976 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Habeas Corpus written by Paul D. Halliday and published by Harvard University Press. This book was released on 2010-03-15 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book England s Islands in a Sea of Troubles written by David Cressy and published by Oxford University Press. This book was released on 2020-10-30 with total page 555 pages. Available in PDF, EPUB and Kindle. Book excerpt: England's Islands in a Sea of Troubles examines the jurisdictional disputes and cultural complexities in England's relationship with its island fringe from Tudor times to the eighteenth century, and traces island privileges and anomalies to the present. It tells a dramatic story of sieges and battles, pirates and shipwrecks, prisoners and prophets, as kings and commoners negotiated the political, military, religious, and administrative demands of the early modern state. The Channel Islands, the Isle of Wight, the Isles of Scilly, the Isle of Man, Lundy, Holy Island and others emerge as important offshore outposts that long remained strange, separate, and perversely independent. England's islands were difficult to govern, and were prone to neglect, yet their strategic value far outweighed their size. Though vulnerable to foreign threats, their harbours and castles served as forward bases of English power. In civil war they were divided and contested, fought over and occupied. Jersey and the Isles of Scilly served as refuges for royalists on the run. Charles I was held on the Isle of Wight. External authority was sometimes light of touch, as English governments used the islands as fortresses, commercial assets, and political prisons. London was often puzzled by the linguistic differences, tangled histories, and special claims of island communities. Though increasingly integrated within the realm, the islands maintained challenging peculiarities and distinctive characteristics. Drawing on a wide range of sources, and the insights of maritime, military, and legal scholarship, this is an original contribution to social, cultural, and constitutional history.
