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The Most Fundamental Legal Right
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The Most Fundamental Legal Right: Habeas Corpus in the Commonwealth

David Clark and Gerard McCoy


This book on habeas corpus throughout the Commonwealth explores the theme of the fortunes of the writ and the conditions under which it has either flourished or waned. Drawing upon a wide range of Commonwealth authorities, and including materials from the colonial period as well as from ex-Commonwealth or ex-empire states, this book considers the diffusion of the writ, the myths surrounding it, and the uses to which the writ has been put which distinguish the remedy from the English experience. The reach of the writ in time and space is considered especially in multi-jurisdictional and federal ... More

Keywords: habeas corpus, Commonwealth, writ, bail, house arrest, parole, probation, martial law, emergency rule, bill of rights

Bibliographic Information

Print publication date: 2000 Print ISBN-13: 9780198265849
Published to Oxford Scholarship Online: January 2010 DOI:10.1093/acprof:oso/9780198265849.001.0001


Affiliations are at time of print publication.

David Clark, author
Flinders University

Gerard McCoy, author
University of Canterbury