Habeas corpus is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful.
Ex parte Merryman, 17 F. Cas. 144 (No. 9487), was a controversial U.S. federal court case that arose out of the American Civil War. It was a test of the authority of the President to suspend "the privilege of the writ of habeas corpus" under the Constitution's Suspension Clause, when Congress was in recess and therefore unavailable to do so itself. More generally, the case raised questions about the ability of the executive branch to decline enforcement of judicial decisions when the executive believes them to be erroneous and harmful to its own legal powers.
The London Corresponding Society (LCS) was a federation of local reading and debating clubs that in the decade following the French Revolution agitated for the democratic reform of the British Parliament. In contrast to other reform associations of the period, it drew largely upon working men and was itself organised on a formal democratic basis.
The Habeas Corpus Act 1679 is an Act of Parliament in England during the reign of King Charles II. It was passed by what became known as the Habeas Corpus Parliament to define and strengthen the ancient prerogative writ of habeas corpus, which required a court to examine the lawfulness of a prisoner's detention and thus prevent unlawful or arbitrary imprisonment.
Sir Francis Burdett, 5th Baronet was a British politician and Member of Parliament who gained notoriety as a proponent of universal male suffrage, equal electoral districts, vote by ballot, and annual parliaments. His commitment to reform resulted in legal proceedings and brief confinement to the Tower of London. In his later years he appeared reconciled to the very limited provisions of the 1832 Reform Act. He was the godfather of Francisco Burdett O'Connor, one of the famed Libertadores of the Spanish American wars of independence.
The Blanketeers or Blanket March was a demonstration organised in Manchester in March 1817. The intention was for the participants, who were mainly Lancashire weavers, to march to London and petition the Prince Regent over the desperate state of the textile industry in Lancashire, and to protest over the recent suspension of the Habeas Corpus Act. The march was broken up violently and its leaders imprisoned. The Blanketeers formed part of a series of protests and calls for reform that culminated in 1819 with the Peterloo Massacre and the Six Acts.
In United States law, habeas corpus is a recourse challenging the reasons or conditions of a person's confinement under color of law. A petition for habeas corpus is filed with a court that has jurisdiction over the custodian, and if granted, a writ is issued directing the custodian to bring the confined person before the court for examination into those reasons or conditions. The Suspension Clause of the United States Constitution specifically included the English common law procedure in Article One, Section 9, clause 2, which demands that "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it."
Boumediene v. Bush, 553 U.S. 723 (2008), was a writ of habeas corpus petition made in a civilian court of the United States on behalf of Lakhdar Boumediene, a naturalized citizen of Bosnia and Herzegovina, held in military detention by the United States at the Guantanamo Bay detention camps in Cuba. Guantánamo Bay is not formally part of the United States, and under the terms of the 1903 lease between the United States and Cuba, Cuba retained ultimate sovereignty over the territory, while the United States exercises complete jurisdiction and control. The case was consolidated with habeas petition Al Odah v. United States. It challenged the legality of Boumediene's detention at the United States Naval Station military base in Guantanamo Bay, Cuba as well as the constitutionality of the Military Commissions Act of 2006. Oral arguments on the combined cases were heard by the Supreme Court on December 5, 2007.
In United States law, habeas corpus is a recourse challenging the reasons or conditions of a person's detention under color of law. The Guantanamo Bay detention camp is a United States military prison located within Guantanamo Bay Naval Base. A persistent standard of indefinite detention without trial and incidents of torture led the operations of the Guantanamo Bay detention camp to be challenged internationally as an affront to international human rights, and challenged domestically as a violation of the Due Process Clause of the Fifth and Fourteenth amendments of the United States Constitution, including the right of petition for habeas corpus. On 19 February 2002, Guantanamo detainees petitioned in federal court for a writ of habeas corpus to review the legality of their detention.
The Habeas Corpus Suspension Act 1745 was an Act of Parliament of the Parliament of Great Britain passed on 18 October 1745, and formally repealed in 1867. It made various provisions for arresting and imprisoning those suspected of treason during the Second Jacobite Rising. The Act was continued in force by a second Act of the same title and by a third act the next year before expiring.
The Aliens Act 1793 was an Act of the Parliament of Great Britain regulating immigration into the country, in relation with the question of the French Emigration during the Revolution.
The Habeas Corpus Suspension Act 1794 was an Act passed by the British Parliament. The Act's long title was An act to empower his Majesty to secure and detain such persons as his Majesty shall suspect are conspiring against his person and government.
The Habeas Corpus Suspension Act 1799 was an Act of Parliament passed by the Parliament of Great Britain.
Habeas Corpus Suspension Act may refer to several Acts of Parliament or Acts of Congress relating to habeas corpus:
The Habeas Corpus Suspension Act, 12 Stat. 755 (1863), entitled An Act relating to Habeas Corpus, and regulating Judicial Proceedings in Certain Cases, was an Act of Congress that authorized the president of the United States to suspend the right of habeas corpus in response to the American Civil War and provided for the release of political prisoners. It began in the House of Representatives as an indemnity bill, introduced on December 5, 1862, releasing the president and his subordinates from any liability for having suspended habeas corpus without congressional approval. The Senate amended the House's bill, and the compromise reported out of the conference committee altered it to qualify the indemnity and to suspend habeas corpus on Congress's own authority. Abraham Lincoln signed the bill into law on March 3, 1863, and suspended habeas corpus under the authority it granted him six months later. The suspension was partially lifted with the issuance of Proclamation 148 by Andrew Johnson, and the Act became inoperative with the end of the Civil War. The exceptions to his Proclamation 148 were the States of Virginia, Kentucky, Tennessee, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, Arkansas, and Texas, the District of Columbia, and the Territories of New Mexico and Arizona.
The Habeas Corpus Act of 1867 is an act of Congress that significantly expanded the jurisdiction of federal courts to issue writs of habeas corpus. Passed February 5, 1867, the Act amended the Judiciary Act of 1789 to grant the courts the power to issue writs of habeas corpus "in all cases where any person may be restrained of his or her liberty in violation of the constitution, or any treaty or law of the United States." Prior to the Act's passage, prisoners in the custody of one of the states who wished to challenge the legality of their detention could petition for a writ of habeas corpus only in state courts; the federal court system was barred from issuing writs of habeas corpus in their cases. The Act also permitted the court "to go beyond the return" and question the truth of the jailer's stated justification for detaining the petitioning prisoner, whereas prior to the Act courts were technically bound to accept the jailer's word that the prisoner was actually being held for the reason stated. The Act largely restored habeas corpus following its 1863 suspension by Congress, ensuring that anyone arrested after its passage could challenge their detention in the federal courts, but denied habeas relief to anyone who was already in military custody for any military offense or for having aided the Confederacy.
The Habeas Corpus Suspension Act 1776 also known as the Habeas Corpus Suspension Act 1777 or the Treason Act 1777 was an Act of the Parliament of Great Britain passed during the American Revolution. It required that anyone who was charged with or suspected of high treason or piracy in America or on the high seas be held in custody without bail or trial until 1 January 1778. Bail could only be granted by an order of the Privy Council, signed by six members of the council.
The Habeas Corpus Suspension Acts of 1688 were three Acts of the Parliament of England which temporarily suspended the right of habeas corpus in England until 17 April, 25 May and 23 October 1689 respectively. They were passed in the wake of the Glorious Revolution, in which King James II had recently been deposed.
John Courtenay was an Irish officer in the British Army who became a politician in England. He was a Whig member of Parliament (MP) at Westminster from 1780 to 1807, and again in 1812.
The Irish Felon was a nationalist weekly journal printed in Dublin in 1848. Only five issues were published before its suppression by the British Government.
