Lawfare Archive: Amanda Tyler on “Habeas Corpus in Wartime”
The Lawfare Podcast
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The English Habeas Corpus Act - It's a Big Deal
The original acts, section seven, require that for the most dangerous of criminals, including suspected traitors, s those who were alleged to commit treason against the crown. And so what you get is a very hard and fast rule that the executive cannot detain outside the criminal process. It's a huge power grab on the part of parliament, in part because it wants to take control of all things, and they also want to constrain the executive. The beneficiaries are those who can now claim the protection of the act.
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