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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

Name: Habeas Corpus in Wartime: From the Tower of London to Guantanamo Bay
Brand: Oxford University Press
SKU: 9780190090265
Price: 554.71 HKD
Availability: InStock
Author: Amanda L. Tyler
ISBN: 9780190090265

By Amanda L. Tyler

Oxford University Press December 2019

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ISBN-13: 9780190090265
Publisher: Oxford University Press
Publication: December 2019
Format: Paperback
Jurisdiction: U.S. ? Countri(es) for reference only

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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"

Chapter 8: Liberty in the Shadow Constitution: Suspension and the Confederacy

Chapter 9: Reconstructing the Union and Suspending in the Name of Civil Rights

Part IV: The Forgotten Suspension Clause

Chapter 10: World War II: Suspension and Martial Law in Hawaii and Mass Detention of Japanese Americans on the Mainland

Chapter 11: Habeas Corpus Today: Confronting the Age of Terrorism

Conclusion

Notes

Index

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