Paul D. Halliday
Habeas Corpus
- ISBN 13:
- 9780674064201
- author:
- Paul D. Halliday
- format:
- Paperback
- publisher:
- Harvard University Press
- language:
- English
- Publication Year:
- 2012
- Pages:
- 512
- Dimensions:
- 15 x 22.7 x 3.2 centimetres (0.6
- Genre:
- History, Europe, Great Britain,
- Condition:
- New
- Availability:
- Item usually sent within 7 working days
Description
The Great Writ of Liberty was actually a writ of power. In this groundbreaking study, Paul Halliday reveals how English judges used ideas about royal power to empower themselves in the decades around 1600. By focusing on wrongs committed by jailers or those who ordered detentions, they gave the writ the force necessary to protect emerging ideas about rights. This judicial power had a profound impact, carrying the writ across the world from Quebec to Bengal. However, paradoxically, the representative impulse, often expressed through legislative action, ultimately undermined the writ's effectiveness. The need to control imperial subjects further constrained judges, making the imperial experience crucial for understanding the broader sweep of the writ's history and English law. Halliday's work has already informed significant court rulings, including the 2008 U.S. Supreme Court decision in Boumediene v. Bush. This book provides a comprehensive account of habeas corpus, shedding new light on its development and significance.