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Legalities in Wartime: The Myth of the Writ of Habeas Corpus

Mark E. Neely

in The War Worth Fighting: Abraham Lincoln's Presidency and Civil War America

Published in print:
2015
Published Online:
September 2015
ISBN:
9780813060644
eISBN:
9780813050966
Item type:
chapter
Publisher:
University Press of Florida
DOI:
10.5744/florida/9780813060644.003.0005
Subject:
History, American History: 19th Century

This chapter reassesses the reasons for the arrests of persons held in prison by the government. It questions whether that really was the use of the vaunted legal bulwark and attempts to separate ... More


Suspension: Legislating an Emergency Power

Amanda L. Tyler

in Habeas Corpus in Wartime: From the Tower of London to Guantanamo Bay

Published in print:
2017
Published Online:
November 2017
ISBN:
9780199856664
eISBN:
9780199366668
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199856664.003.0003
Subject:
Law, Public International Law, Constitutional and Administrative Law

The crowning of William and Mary and the Glorious Revolution witnessed the restoration of a Protestant monarchy, the continued rise of parliamentary supremacy, and the adoption of the Declaration of ... More


: The History of Habeas Review of State Criminal Cases

in Habeas for the Twenty-First Century: Uses, Abuses, and the Future of the Great Writ

Published in print:
2011
Published Online:
March 2013
ISBN:
9780226436975
eISBN:
9780226436968
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226436968.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter investigates the development of habeas review of state convictions and sentences in noncapital cases under 28 U.S.C. § 2254. The Habeas Corpus Act of 1867 expanded the availability of ... More


Making Habeas Work: A Legal History

Eric M. Freedman

Published in print:
2018
Published Online:
January 2019
ISBN:
9781479870974
eISBN:
9781479802470
Item type:
book
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479870974.001.0001
Subject:
Law, Constitutional and Administrative Law

Habeas corpus, known as the Great Writ of Liberty, is a judicial order that requires government officials to produce a prisoner in court, persuade an independent judge of the correctness of their ... More


The Making of the Privilege

Amanda L. Tyler

in Habeas Corpus in Wartime: From the Tower of London to Guantanamo Bay

Published in print:
2017
Published Online:
November 2017
ISBN:
9780199856664
eISBN:
9780199366668
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199856664.003.0002
Subject:
Law, Public International Law, Constitutional and Administrative Law

This chapter explores the origins and importance of the English Habeas Corpus Act of 1679. In the century leading up to the Act, royal command commonly sufficed as cause for detention or, at the ... More


The Judiciary under Pressure

Granville Austin

in Working a Democratic Constitution: A History of the Indian Experience

Published in print:
2003
Published Online:
October 2012
ISBN:
9780195656107
eISBN:
9780199080397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195656107.003.0017
Subject:
Law, Constitutional and Administrative Law

This chapter describes the government's pressures on judicial authority in two great cases — the attempt to overturn the ‘basic structure’ doctrine — and the transfer of high court judges. Prime ... More


Knowing Habeas Corpus When You See It

Eric M. Freedman

in Making Habeas Work: A Legal History

Published in print:
2018
Published Online:
January 2019
ISBN:
9781479870974
eISBN:
9781479802470
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479870974.003.0002
Subject:
Law, Constitutional and Administrative Law

Viewing habeas corpus through a legal lens frequently misleads. The common law “rule” against controverting the return to writs of habeas corpus was commonly evaded through devices permitting ... More


‘Systems of Terror’: The Scenography of Incarceration

David Francis Taylor

in Theatres of Opposition: Empire, Revolution, and Richard Brinsley Sheridan

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199642847
eISBN:
9780191738869
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199642847.003.0007
Subject:
Literature, Drama, 18th-century Literature

The final chapter looks at the relationship between, on the one hand, scenes of imprisonment in new Gothic dramas staged at Drury Lane in the 1790s and, on the other, the images of incarceration ... More


Repeal and Revolution: 1848 in Ireland

Christine Kinealy

Published in print:
2009
Published Online:
July 2012
ISBN:
9780719065163
eISBN:
9781781702963
Item type:
book
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719065163.001.0001
Subject:
History, British and Irish Modern History

This book examines the events that led up to the 1848 rising and examines the reasons for its failure. It places the rising in the context of political changes outside Ireland, especially the links ... More


Introduction

Eric M. Freedman

in Making Habeas Work: A Legal History

Published in print:
2018
Published Online:
January 2019
ISBN:
9781479870974
eISBN:
9781479802470
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479870974.003.0001
Subject:
Law, Constitutional and Administrative Law

Government officials jail people they perceive as threats. But officials are imperfect and may inflict injustices. One solution is habeas corpus—a judicial order that requires government officials to ... More


Habeas Corpus Epiphany in I.4

Mia L. McIver

in Joyce's Allmaziful Plurabilities: Polyvocal Explorations of Finnegans Wake

Published in print:
2015
Published Online:
September 2016
ISBN:
9780813061542
eISBN:
9780813051451
Item type:
chapter
Publisher:
University Press of Florida
DOI:
10.5744/florida/9780813061542.003.0005
Subject:
Literature, 20th-century Literature and Modernism

The demand of the crowd in the trial of I.4—to produce the body—introduces a thematic habeas corpus. Mia McIver proceeds to emphasize the recurrently ambiguous status of the body or corpus itself, in ... More


England

in Culture and Management in the Americas

Published in print:
2009
Published Online:
June 2013
ISBN:
9780804760140
eISBN:
9780804771146
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804760140.003.0003
Subject:
Business and Management, Strategy

Despite being part of an island, England is not culturally insular. Christianity was always mostly a French concern, Institutional specificities, so different from those in Portugal, Spain, and ... More


The Beg Court (1977–8)

George H. Gadbois, Jr

in Judges of the Supreme Court of India: 1950 - 1989

Published in print:
2011
Published Online:
September 2012
ISBN:
9780198070610
eISBN:
9780199080755
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198070610.003.0015
Subject:
Law, Legal History

This chapter describes the Beg Court of 1977–8. The next-in-line to follow Ray as CJI was H.R. Khanna but it was no surprise, just hours before Ray’s retirement on 28 January 1977, the government ... More


Conclusion

Amanda L. Tyler

in Habeas Corpus in Wartime: From the Tower of London to Guantanamo Bay

Published in print:
2017
Published Online:
November 2017
ISBN:
9780199856664
eISBN:
9780199366668
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199856664.003.0013
Subject:
Law, Public International Law, Constitutional and Administrative Law

The book concludes by arguing that the current state of American habeas jurisprudence should trouble anyone who cares about the Constitution. As the chapters of the book reveal, the War on Terror ... More


‘Look homeward Angel now’: Prospects and Fears in 1798

David Fairer

in Organising Poetry: The Coleridge Circle, 1790-1798

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199296163
eISBN:
9780191712289
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199296163.003.0013
Subject:
Literature, 19th-century Literature and Romanticism, Poetry

During the invasion crisis of the spring of 1798 Britain's ‘one common life’ was under threat. Pamphlets instructed the populace on how to organise themselves to confront both revolution abroad and ... More


Reanimation: The Logic of Transfer in Measure for Measure

Philip Lorenz

in The Tears of Sovereignty: Perspectives of Power in Renaissance Drama

Published in print:
2013
Published Online:
January 2014
ISBN:
9780823251308
eISBN:
9780823252633
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823251308.003.0003
Subject:
Literature, Criticism/Theory

The chapter considers a first paradigm of sovereignty, focusing on the metaphor-logic of substitution that reanimates the body-of-power in Shakespeare's Measure for Measure. Shakespeare's only play ... More


The Government of Scotland in the 1790s

Atle L. Wold

in Scotland and the French Revolutionary War, 1792-1802

Published in print:
2015
Published Online:
May 2017
ISBN:
9781474403313
eISBN:
9781474415965
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781474403313.003.0002
Subject:
Society and Culture, Scottish Studies

This chapter looks at the way Scotland was government during the 1790s. The central focus is on the response given by the authorities in Scotland to the up-surge of political radicalism and ... More


Accountability of Judges

Sudhanshu Ranjan

in Justice versus Judiciary: Justice Enthroned or Entangled in India?

Published in print:
2019
Published Online:
July 2019
ISBN:
9780199490493
eISBN:
9780199096275
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199490493.003.0002
Subject:
Law, Legal Profession and Ethics

Judges are not above the law. Like the other institutions of the State, the judiciary must be accountable. Chief Justice Edward Coke told King James I point blank that was not above the law and ... More


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