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Taming the Most Dangerous Branch: The Scope and Accountability of Executive Power in the United States

Ernest A. Young

in The Executive and Public Law: Power and Accountability in Comparative Perspective

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199285594
eISBN:
9780191700361
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199285594.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter undertakes a brief descriptive account of executive power — both its scope, and the means that American law has developed to hold the executive to account for its actions. This chapter ... More


The Invention of Executive Detention

A. W. Brian Simpson

in In the Highest Degree Odious: Detention without Trial in Wartime Britain

Published in print:
1994
Published Online:
March 2012
ISBN:
9780198259497
eISBN:
9780191681974
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259497.003.0001
Subject:
Law, Legal History

This book is a history of the use of executive detention in Britain during World War II under Regulation 18B of the Defence (General) Regulations; this enabled the government to imprison citizens ... More


In the Highest Degree Odious: Detention without Trial in Wartime Britain

A. W. Brian Simpson

Published in print:
1994
Published Online:
March 2012
ISBN:
9780198259497
eISBN:
9780191681974
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259497.001.0001
Subject:
Law, Legal History

During World War II, just under 2,000 British citizens were detained without charge, trial, or term set, under Regulation 18B of the wartime Defence Regulations. Most of these detentions took place ... More


Regulation 14B and its Progeny

A. W. Brian Simpson

in In the Highest Degree Odious: Detention without Trial in Wartime Britain

Published in print:
1994
Published Online:
March 2012
ISBN:
9780198259497
eISBN:
9780191681974
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259497.003.0002
Subject:
Law, Legal History

It was the text of Regulation 14B, not its original limited purpose as an instrument of alien control, which lived on, and this text was drafted so as not to restrict the scope of the regulation to ... More


The Great Incarceration Begins

A. W. Brian Simpson

in In the Highest Degree Odious: Detention without Trial in Wartime Britain

Published in print:
1994
Published Online:
March 2012
ISBN:
9780198259497
eISBN:
9780191681974
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259497.003.0009
Subject:
Law, Legal History

On May 22, Parliament passed the Emergency Powers (Defence) Act, which formally conferred on the executive the powers appropriate to a totalitarian state at war; it could now, by regulation, ‘make ... More


The Declining Years of Regulation 18B

A. W. Brian Simpson

in In the Highest Degree Odious: Detention without Trial in Wartime Britain

Published in print:
1994
Published Online:
March 2012
ISBN:
9780198259497
eISBN:
9780191681974
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259497.003.0018
Subject:
Law, Legal History

Although most orders were made in 1940, quite a few were made in later years. A few names are discoverable, such as Thomas Hubert Beckett. Some suspended orders were reactivated, and a number who ... More


The Commons Revolt

A. W. Brian Simpson

in In the Highest Degree Odious: Detention without Trial in Wartime Britain

Published in print:
1994
Published Online:
March 2012
ISBN:
9780198259497
eISBN:
9780191681974
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259497.003.0004
Subject:
Law, Legal History

The Home Office division concerned with making detention orders was G2, under Sir Ernest Holderness. Enemy aliens were the chief concern. A few belonged to the Auslands Organisation, the overseas ... More


The Leading Cases in Context

A. W. Brian Simpson

in In the Highest Degree Odious: Detention without Trial in Wartime Britain

Published in print:
1994
Published Online:
March 2012
ISBN:
9780198259497
eISBN:
9780191681974
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259497.003.0017
Subject:
Law, Legal History

Robert Liversidge claimed damages for false imprisonment; he did not apply for habeas corpus. His was not the first such action; Oswald Mosley, Maule Ramsay, and the de Lange brothers had issued ... More


The Experience of Detention

A. W. Brian Simpson

in In the Highest Degree Odious: Detention without Trial in Wartime Britain

Published in print:
1994
Published Online:
March 2012
ISBN:
9780198259497
eISBN:
9780191681974
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259497.003.0011
Subject:
Law, Legal History

Executive detention in Britain normally began with arrest without warning. There were ugly incidents. R. R. Reynolds of Tottenham was slapped. Some resisted arrest. Amongst the Anglo-Italian ... More


Detention during the Phoney War

A. W. Brian Simpson

in In the Highest Degree Odious: Detention without Trial in Wartime Britain

Published in print:
1994
Published Online:
March 2012
ISBN:
9780198259497
eISBN:
9780191681974
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259497.003.0005
Subject:
Law, Legal History

The new regulation was analysed by L. S. Brass, the assistant legal adviser to the Home Office, who identified five categories of potential detainees; logically there were really eight. But Home ... More


The Integrity of the Advisory Committee

A. W. Brian Simpson

in In the Highest Degree Odious: Detention without Trial in Wartime Britain

Published in print:
1994
Published Online:
March 2012
ISBN:
9780198259497
eISBN:
9780191681974
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259497.003.0013
Subject:
Law, Legal History

The threat to the integrity of Norman Birkett's committee stemmed from the War Cabinet decision of May 22. Until then the committee evaluated the threat to security posed by individuals; there had to ... More


The Early Challenges in the Courts

A. W. Brian Simpson

in In the Highest Degree Odious: Detention without Trial in Wartime Britain

Published in print:
1994
Published Online:
March 2012
ISBN:
9780198259497
eISBN:
9780191681974
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259497.003.0014
Subject:
Law, Legal History

The original Regulation 18B was designed to give the Home Secretary an arbitrary power of executive detention; neither its scope nor its validity were ever raised in the courts. The amended 18B was ... More


The Bureaucracy under Stress

A. W. Brian Simpson

in In the Highest Degree Odious: Detention without Trial in Wartime Britain

Published in print:
1994
Published Online:
March 2012
ISBN:
9780198259497
eISBN:
9780191681974
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259497.003.0012
Subject:
Law, Legal History

The massive increase in the use of executive detention between May and September 1940 placed great strains upon Britain's bureaucracy. In addition to Regulation 18B detainees, there were ... More


The Web of Suspicion

A. W. Brian Simpson

in In the Highest Degree Odious: Detention without Trial in Wartime Britain

Published in print:
1994
Published Online:
March 2012
ISBN:
9780198259497
eISBN:
9780191681974
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259497.003.0016
Subject:
Law, Legal History

The detainees who did take appeals to the House of Lords were Robert Liversidge and Ben Greene. Both lost, the judicial opinions being delivered on November 3, 1941; the resulting legal position ... More


Emergency Planning between the Wars

A. W. Brian Simpson

in In the Highest Degree Odious: Detention without Trial in Wartime Britain

Published in print:
1994
Published Online:
March 2012
ISBN:
9780198259497
eISBN:
9780191681974
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259497.003.0003
Subject:
Law, Legal History

For the next sixteen years, Britain was free of executive detention. But Military Intelligence Section 5 (MI5), the source of the demand for a power to detain citizens without trial in the name of ... More


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

Amanda L. Tyler

Published in print:
2017
Published Online:
November 2017
ISBN:
9780199856664
eISBN:
9780199366668
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199856664.001.0001
Subject:
Law, Public International Law, Constitutional and Administrative Law

Habeas Corpus in Wartime unearths and presents a comprehensive account of the legal and political history of habeas corpus in wartime in the Anglo-American legal tradition. The book begins by tracing ... More


Resentment and Betrayal, 1779–1781

Carlton F.W. Larson

in The Trials of Allegiance: Treason, Juries, and the American Revolution

Published in print:
2019
Published Online:
September 2019
ISBN:
9780190932749
eISBN:
9780190932770
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190932749.003.0009
Subject:
History, American History: early to 18th Century, Cultural History

This chapter describes the aftermath of the Philadelphia acquittals, which generated enormous resentment, leading to vituperative newspaper exchanges over the jury’s role in treason cases, ... More


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