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Habeas Corpus in Wartime: From the Tower of London to Guantanamo Bay

Habeas Corpus in Wartime: From the Tower of London to Guantanamo Bay

Author: Amanda L. Tyler
Publisher: Oxford University Press
ISBN: 9780199856664

Published In: December 2017
Format: Hardback
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9780190090265

List Price: RM877.50

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Description
Contents

Details

This book is the most comprehensive account of the role of habeas corpus in wartime ever written. It draws on a wealth of untapped resources to shed light on the political and legal understanding of habeas corpus that has unfolded over the course of Anglo-American history.

The book traces the roots of the habeas privilege enshrined in the United States Constitution to England and then carries the story forward to document the profound influence of English law on early American law. It then takes the story forward to document the understanding of the privilege and the role of suspension over the course of American history, giving special attention to important historical episodes when the Constitution has come under great stress, such as the Civil War, Reconstruction, World War II, and the War on Terror.

The original historical materials presented have a great deal to contribute to modern debates over the scope of executive power to arrest, and to the role of courts in wartime.

Acknowledgements

Introduction

Part I: Origins: The Privilege of the Writ of Habeas Corpus and Suspension in English Law

Chapter 1: The Making of the Privilege

Chapter 2: Suspension: Legislating an Emergency Power

Chapter 3: Rebellion and Treason

Part II: Incorporating the Privilege and Suspension into American Law

Chapter 4: Forging a New Allegiance

Chapter 5: Enshrining a Constitutional Privilege

Chapter 6: The Suspension Clause in the Early Republic

Part III: Suspension

Chapter 7: Civil War and the "Great Suspender"