What is it about?
The differences in the writ of habeas corpus between England & Wales and the USA.
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Why is it important?
The Great Writ was the "stable bulwark" of historic English liberty, being used in the post-9/11 context by Yaser Hamdi to challenge the US government's detention of him as an enemy combatant.
Perspectives
As argued by Justice Scalia's opinion in Hamdi, executive detention should be allowed only by Congress' having suspended the writ of habeas corpus, pursuant to Article I of the Federal Constitution.
Thomas Curr
University of Cambridge
Read the Original
This page is a summary of: Habeas Corpus, Its Versatility on Both Sides of the ‘Pond,’ and When Right against Remedy Becomes Quixotic, Global Journal of Comparative Law, June 2020, Brill,
DOI: 10.1163/2211906x-00902003.
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