Overview

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 unlawful custody, whether decreed by the highest powers of the state or imposed by the lowest slave-trader. Its reach is as diverse as the forms of confinement. Throughout its history, it has proved adept at adapting to new challenges. It extends beyond the prison wall and has been invoked to determine the proper parental custody of a child and to free patients wrongly detained for compulsory medical treatment, indentured workers, conscripted soldiers, as well as individuals wrongly held in the war on terrorism. Looking first at the historical development of the writ, the book traces its growth in significance until its emergence as a cornerstone of the rule of law. Having established habeas corpus as a central constitutional principle, the volume goes on to examine the role and limits of the remedy today. It describes the modern workings of habeas corpus and assesses its contemporary scope and function. The authors explore the relationship between habeas corpus and fundamental rights. Critically surveying the nature of judicial review on habeas corpus, the book investigates past, present, and potential future uses of the writ, providing a comprehensive statement of current English law and a discussion of the position in other Commonwealth countries.

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9780199248247

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Reviews

Habeas corpus will remain a fundamental part of Australian public law. The new edition of this book will retain its place as the definitive exposition of that writ. * Dr Matthew Groves, Australian Journal of Administrative Law *

Habeas corpus will remain a fundamental part of Australian public law. The new edition of this book will retain its place as the definitive exposition of that writ. Dr Matthew Groves, Australian Journal of Administrative Law

`Review from previous edition 'Dr Sharpe has in effect rescued habeas corpus from its historical associations by successfully blending past and present in his analysis of the most famous of remedies in English law.'' The Cambridge Law Journal `'It is a complete exposition of the law of habeas corpus...it should be on the shelves of every lawyer professing an interest in the liberty of the subject.'' Modern Law Review `'Dr Sharpe's scholarly monograph fills an important gap in the modern literature of English public law.'' The Law Quarterly Review Meticulously footnoted throughout with extensive tables of cases, national legislation, secondary legislation, as well as treaties and conventions (on both sides of the Atlantic) plus a great index, it points the way to literally hundreds of avenues for further research on the evolution and vulnerability of this fundamental right

Author Information

Judith Farbey QC is a Barrister of Doughty St. Chambers. The Hon. Mr Justice R. J. Sharpe is a Judge of the Ontario Court of Appeal. Simon Atrill is a Barrister of Fountain Court Chambers.

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