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Habeas corpus is a recourse in law by which a report can be made to a court in the events of unlawful detention or imprisonment, requesting that the court orders the person's custodian, to bring the prisoner to court, to determine whether their detention is lawful.
The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), Pub. L.Tooltip Public Law 104–132 (text)(PDF), 110 Stat. 1214, enacted April 24, 1996, was introduced to the United States Congress in April 1995 as a Senate Bill. The bill was passed with broad bipartisan support by Congress in response to the bombings of the World Trade Center and Oklahoma City. It was signed into law by President Bill Clinton.
The Constitution of Ireland is the fundamental law of Ireland. It asserts the national sovereignty of the Irish people. The constitution, based on a system of representative democracy, is broadly within the tradition of liberal democracy. It guarantees certain fundamental rights, along with a popularly elected non-executive president, a bicameral parliament, a separation of powers and judicial review.
The Constitution of the Irish Free State was adopted by Act of Dáil Éireann sitting as a constituent assembly on 25 October 1922. In accordance with Article 83 of the Constitution, the Irish Free State Constitution Act 1922 of the British Parliament, which came into effect upon receiving the royal assent on 5 December 1922, provided that the Constitution would come into effect upon the issue of a Royal Proclamation, which was done on 6 December 1922. In 1937 the Constitution of the Irish Free State was replaced by the modern Constitution of Ireland following a referendum.
The Supreme Court of Ireland is the highest judicial authority in Ireland. It is a court of final appeal and exercises, in conjunction with the Court of Appeal and the High Court, judicial review over Acts of the Oireachtas. The Supreme Court also has appellate jurisdiction to ensure compliance with the Constitution of Ireland by governmental bodies and private citizens. It sits in the Four Courts in Dublin.
The Seventh Amendment of the Constitution Act 1979 is an amendment to the Constitution of Ireland that provides that the procedure for the election of six members of the Senate in the university constituencies could be altered by law. It was approved by referendum on 5 July 1979 and signed into law on 3 August of the same year.
The Ninth Amendment of the Constitution Act 1984 is an amendment to the Constitution of Ireland that allowed for the extension of the right to vote in elections to Dáil Éireann to non-Irish citizens. It was approved by referendum on 14 June 1984, the same day as the European Parliament election, and signed into law on 2 August of the same year.
The Sixteenth Amendment of the Constitution Act 1996 is an amendment of the Constitution of Ireland which provides that a court can refuse bail to a suspect where it feared that while at liberty they would commit a serious criminal offence. It was approved by referendum on 28 November 1996 and signed into law on 12 December of the same year.
Amendments to the Constitution of Ireland are only possible by way of referendum. A proposal to amend the Constitution of Ireland must first be passed as a bill by both Houses of the Oireachtas (parliament), then submitted to a referendum, and finally signed into law by the President of Ireland. Since the constitution entered into force on 29 December 1937, there have been 32 amendments to the constitution.
An ordinary referendum in Ireland is a referendum on a bill other than a bill to amend the Constitution. The Constitution prescribes the process in Articles 27 and 47. Whereas a constitutional referendum is mandatory for a constitutional amendment bill, an ordinary referendum occurs only if the bill "contains a proposal of such national importance that the will of the people thereon ought to be ascertained". This is decided at the discretion of the President, after a petition by Oireachtas members including a majority of Senators. No such petition has ever been presented, and thus no ordinary referendum has ever been held.
The Nineteenth Amendment of the Constitution is an amendment of the Constitution of Ireland which permitted the state to be bound by the British–Irish Agreement and enabled the establishment of shared political institutions between Ireland and Northern Ireland. It also provided a mechanism for a further amendment to the Constitution upon a declaration by the government on the implementation of the Agreement, most notably by changing Articles 2 and 3 from the previous claim over the whole island of Ireland to an aspiration towards creating a united Ireland by peaceful means, "with the consent of a majority of the people, democratically expressed, in both jurisdictions in the island".
The Fifteenth Amendment of the Constitution Act 1995 is an amendment of the Constitution of Ireland which removed the constitutional prohibition on divorce, and allowed for the dissolution of a marriage provided specified conditions were satisfied. It was approved by referendum on 24 November 1995 and signed into law on 17 June 1996.
Crotty v. An Taoiseach was a landmark 1987 decision of the Irish Supreme Court which found that Ireland could not ratify the Single European Act unless the Irish Constitution was first changed to permit its ratification. The case, taken by Raymond Crotty formally against the Taoiseach, directly led to the Tenth Amendment of the Constitution of Ireland and established that significant changes to European Union treaties required an amendment to the Irish constitution before they could be ratified by Ireland. As a consequence, Ireland, uniquely in the EU, requires a plebiscite for every new, or substantive change to a, European Union Treaty.
The Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. The Act's stated purpose was "to authorize trial by military commission for violations of the law of war, and for other purposes".
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."
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 Emergency Powers Act 1939 (EPA) was an Act of the Oireachtas enacted on 3 September 1939, after an official state of emergency had been declared on 2 September 1939 in response to the outbreak of the Second World War. The Act empowered the government to:
make provisions for securing the public safety and the preservation of the state in time of war and, in particular, to make provision for the maintenance of public order and for the provision and control of supplies and services essential to the life of the community, and to provide for divers and other matters connected with the matters aforesaid.
Amending the Constitution of India is the process of making changes to the nation's fundamental law or supreme law. The procedure of amendment in the constitution is laid down in Part XX of the Constitution of India. This procedure ensures the sanctity of the Constitution of India and keeps a check on arbitrary power of the Parliament of India.
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 Johnson's 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.
Various proposals have been considered since the 1980s to extend the franchise in Irish presidential elections to citizens resident outside the state. In 2019, the then government introduced a bill to amend the constitution to facilitate this extension. The bill lapsed in January 2020 when the 32nd Dáil was dissolved for the 2020 general election, but was restored to the order paper in July 2020.
References
- Ó Cearúil, Micheál (2003). Bunreacht na hÉireann: Divergences and inconsistencies?. An Aimsir Óg: Páipéar Ócáideach (in English and Irish). Vol. 3. Coiscéim. ISSN 1649-3087.
- "Chapter XIV: Constitutional Challenges and the Second Amendment, 1939–41". The Origins of the Irish Constitution. Royal Irish Academy.