The Writ of Habeas Corpus and War on Terror in the United States

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Habeas Corpus Context War Terror 1. The general meaning of the right of habeas corpus in the U.S. Constitution and its relationship to the protection of other civil liberties. Blackstone said that the writ of habeas corpus is the most celebrated and venerated of the English law. The US constitution therefore carried this important aspect and thus federal courts were authorized to issue writs of habeas corpus in all cases where a person may be restrained of his or her liberty in violation of the constitution, or any treaty or law of the United States. Chemerinsky (1987) in a detailed study of the operation of the writ of Habeas Corpus says that there are four major considerations in the issue related to the writ. There is the need to consider the separation of powers--the operation of the criminal justice system, the national litigations involved, and the scope of federalism. All these are affected by the changes in the abrogation of the fundamental right, and rule of law. (Chemerinsky, 1987) It is stated that conservatives view the writ as a means of escaping confinements by the guilty. It is noteworthy that the habeas corpus as a remedy existed in the former colonies even before the US was born. When the drafters of the constitution included the provision they fully well knew that the constitutional rights would have no meaning unless there was a provision of seeking relief from unjust detention. The congress must therefore be restricted in abridging the provision of
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