Journal article
From Westminster to the World: The Right to Habeas Corpus in International Constitutional Law
Michigan State University College of Law Journal of International Law, Vol.17(3), pp.551-565
2008
Abstract
The right to a judicial determination of the legality of detention, commonly know as the right to habeas corpus, provides an important check against arbitrary detentions. Although it developed as a unique feature of English law, the right is now guaranteed in a majority of the world’s written constitutions. Despite its prevalence, little has been written about the dissemination of this right and the extent to which it is constitutionally protected.
This article begins by explaining the origins of habeas corpus in English law and its evolution into a safeguard of personal liberty. Next, it traces the export of the right, first through British colonialism and later through the influence of international human rights law. Finally, the article surveys national constitutions and demonstrates that a remedy in the nature of habeas corpus is guaranteed in a majority of the world’s constitutions.
Details
- Title: Subtitle
- From Westminster to the World: The Right to Habeas Corpus in International Constitutional Law
- Creators
- Brian R. Farrell
- Resource Type
- Journal article
- Publication Details
- Michigan State University College of Law Journal of International Law, Vol.17(3), pp.551-565
- Date published
- 2008
- Academic Unit
- Law Faculty; University College Courses; Central Admin Facilities
- Record Identifier
- 9984639560002771
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