When convicted prisoners brought petitions for writs of habeas corpus before the U.S. Supreme Court, the prisoners were released immediately. |
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The act legitimized Lincoln's suspensions of habeas corpus and approved future suspensions for the duration of the war. |
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Access to a court through a petition for a writ of habeas corpus is among the most fundamental democratic rights of humanity. |
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What would we say, for example, if a juror brought habeas corpus against the bailiff? |
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And the writ of the habeas corpus was the proper process to bring the subject before the Circuit Court for its adjudication. |
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The petition for a writ of habeas corpus at issue in this case was filed on Hamdi's behalf by his father. |
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A habeas corpus writ requires the release of a prisoner held without trial or lawful charge. |
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How do the basic values of the writ of habeas corpus compare to those of the Bill of Rights generally? |
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The principle of habeas corpus is a demand that free people make toward state power. |
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Once a power to detain is held to depend on precedent fact, then of course anyone subjected to it can properly invoke habeas corpus. |
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When we use habeas corpus, we protect the safety of both our physical selves and our moral selves. |
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It is introducing identity cards, restricting immigration, seeking to curb the right of habeas corpus and extending antisocial behaviour orders. |
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And there are no territorial limits to the reach of habeas corpus articulated in the text. |
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During the war, there were six efforts by internees or prisoners to exercise the writ of habeas corpus in the federal district court in Honolulu. |
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But the Chief Justice said that, if that was the case, a habeas corpus hearing could go on for weeks to no purpose. |
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But what to do about people who had already been sentenced under the old scheme, and whose sentences were now being reviewed via habeas corpus? |
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If, however, the fugitive is committed to prison, the Act contemplates that he may seek to challenge that warrant by habeas corpus proceedings. |
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Civilians enjoyed the rights to counsel and trial by jury and the privilege of a habeas corpus writ to test the legality of government detention. |
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In Bushell's case habeas corpus was used to release a juryman who had been gaoled for returning what the court regarded as a perverse verdict. |
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You or your representative has the right to go to a court and seek a writ of habeas corpus. |
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Under U.S. law, a person held in custody by a state may challenge his conviction or sentence by seeking a writ of habeas corpus in federal court. |
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The government is maintaining that these aliens do not have the right to file habeas corpus petitions in U.S. federal courts. |
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The Court also found the same ineffectiveness of the courts where three writs of habeas corpus and two criminal complaints had been brought. |
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But that is what we have done if we suspend habeas corpus, even to the smallest degree. |
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Our decision to vote for the principle of habeas corpus was negated by this change in the numbering of the amendment. |
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It also vests jurisdiction to rule on a writ of habeas corpus in the heads of all courts and tribunals of the judicial branch. |
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In the case of amparo or habeas corpus proceedings, the judgement is binding for the parties concerned. |
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A habeas corpus application is an allegation by a prisoner that his or her detention is unlawful. |
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No recourse existed, nor was the habeas corpus writ or judiciary protection order valid. |
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And most countries that allow habeas corpus to be suspended have actually done so. |
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The Uzbek state is committed to abolishing the death penalty, adopting habeas corpus and ratifying international treaties against child labour. |
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It considers the remedy of habeas corpus as one of the most effective means of preventing and combating arbitrary detention. |
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Still on the topic of detention, she asked for further comments on the system for granting habeas corpus and appeal. |
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The law guarantees to all persons the limited right to bail and the right to apply for habeas corpus. |
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Because we know that the writ of habeas corpus provides one of the most significant protections of human freedom against arbitrary government action ever created. |
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The return to a writ of habeas corpus ad subjiciendum must be indorsed on or annexed to the writ and must state all the causes of the detainer of the person. |
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That language suggests that, if the prisoners had alleged different facts, they might have been entitled to a writ of habeas corpus from a civilian court. |
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Greenpeace and student activists were outlawed and habeas corpus was suspended. |
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Now, if you please, Senator McCain, in the spirit of habeas corpus, show me the body. |
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In 1701 a statute declared that habeas corpus did not apply to the miners and in 1708 it was enacted that a collier escaping could be brought back within eight years. |
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Yes, it may only be a piddling little thing, compared with the potential threat to human rights represented by introduction of ID cards, and the suspension of habeas corpus. |
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There is habeas corpus, which is the right of a person being detained by the authorities to be brought in front of a judge to see if the detention is valid. |
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The father brought a habeas corpus action to prevent the child's removal from the state of Connecticut pending a hearing on his return application. |
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Of those detainees who were released under habeas corpus writs, many were promptly rearrested after leaving the barracks or, in at least one recent case, even on the premises of the holding centre itself. |
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Still with an eye to citizens' liberty, physical integrity and security, the Constitutional Division also hears and rules on complaint proceedings against rejection by the appeals courts of applications of habeas corpus. |
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The most common of the other such prerogative writs are habeas corpus, quo warranto, prohibito, mandamus, procedendo, and certiorari. |
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Writ of habeas corpus is not only to ask a detainer to produce the detainee in the court. |
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Individuals who published seditious material were punished, and, in 1794, the writ of habeas corpus was suspended. |
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Other implied powers include injunctive relief and the habeas corpus remedy. |
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Grant suspended habeas corpus in nine South Carolina counties under the authority of the Ku Klux Klan Act. |
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Is the right of habeas corpus valid during a state of emergency? |
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The Angolan authorities have not responded to the detainees' lawyers appeal for their release or to the writ of habeas corpus issued on 14 January 2011 They have also not provided an explanation for their continued detention. |
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In 2003, he also challenged his detention before the Ontario Superior Court of Justice for a writ of habeas corpus, at the same time as he challenged the constitutional validity of the Act. |
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Until the legal system got around to dealing with their cases, they languished in jails without having been charged, deprived of habeas corpus and subject to violent man-handling by guards and police. |
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I think there is an umbilical cord between neglecting human rights, between neglecting habeas corpus, between neglecting all the usual rules of good governance, between tyranny and between environmental degradation. |
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On 22 October, his lawyers applied to the 11th Circuit Court for an emergency stay of execution and for permission to file a second habeas corpus petition, maintaining that his execution would be unconstitutional. |
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Those of us who come from countries with a custom of common law believe our rights to trial by jury, the presumption of innocence before guilt and habeas corpus to be absolutely essential. |
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Common law remedies, such as duty of care on the part of custodial authorities, false imprisonment or habeas corpus, provide very limited relief for inmates who wish to challenge their conditions of detention. |
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Instead of questioning basic rights, such as the presumption of innocence and habeas corpus, and possibly colluding in torture flights and extraordinary rendition, we need to raise standards, not lower them. |
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Notwithstanding the rule against controverting the truth of the return, judges were not entirely precluded from reviewing facts on habeas corpus. |
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I have represented constituents in other Member States in the European Union where they have been held without trial for two years, without getting any opportunity for habeas corpus or any opportunity to present their case. |
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If we accept that we are in a country as of right, we can go so far as to say what I myself say, namely that the right to contraception, to fertility control, is the habeas corpus of women. |
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The mother challenged her imprisonment by petitioning the United States District Court for the District of New Jersey for a writ of habeas corpus. |
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He demanded guarantees of individual liberty on the model of the British habeas corpus, the publication of accusations and proceedings, the introduction of juries, less harsh sentences and improvements in policing. |
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Original petition for writ of habeas corpus to obtain release from custody under sentence to five years imprisonment for aiding coprisoners in endeavors to escape from jail. |
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Lincoln responded by establishing martial law, and unilaterally suspending habeas corpus, in Maryland, along with sending in militia units from the North. |
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In fact, a writ of habeas corpus has scope for wide application. |
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Constitution, but many English common law traditions such as habeas corpus, jury trials, and various other civil liberties were adopted in the United States. |
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The colonists drew on English law books, leading them to an anachronistic interpretation of Magna Carta, believing that it guaranteed trial by jury and habeas corpus. |
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