The Law of Habeas Corpus, 3rd Edition

Author: Judith Farbey; Robert Sharpe; Simon Atrill
Publisher: Oxford University Press
ISBN: 9780199248247
Published In: February 2011
Format: Hardback , 320 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Topic of great importance: liberty of the individual is a fundamental right and essential to the rule of law
Habeas corpus is the only remedy directly applicable to a human right
Complete and up-to-date statement of the law
Thorough exploration of the background and principles, together with practice and procedure
The book has been completely updated to reflect significant developments in the case law and the literature since the last edition in 1989
One new chapter will devote special attention to habeas corpus and fundamental rights, looking in particular at the Human Rights Act 1998, the European Convention on Human Rights and also the Canadian Charter of Rights and Freedoms
Another new chapter will explore first principles and examine the evolution of judicial review and its relationship to habeas corpus

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.

Readership: Practitioners, judges, academics and advanced students; also of interest to non-law academics and professionals working on human rights, politics, the police, prisons, probation and social work, and medical treatment - particularly of the mentally ill

1: Historical Aspects of Habeas Corpus
2: Scope of Review
3: Consideration of Questions of Fact
4: Habeas Corpus, Fundamental Rights, and the Executive
5: Habeas Corpus in Immigration Law
6: Habeas Corpus in Criminal Law
7: Review of Detention in Cases of Mental Disorder
8: Problems of Restraint and Time
9: Territorial Ambit of Habeas Corpus
10: Appeals, Successive Applications, and Rearrest
11: Aspects of Practice
12: Appeals
Part V: Aspects of Practice
13: Aspects of Practice

Judith Farbey QC, Barrister, Doughty St. Chambers, R.J. Sharpe, Ontario Court of Appeal, and Simon Atrill, Barrister, Fountain Court Chambers

"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