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The Law of Habeas Corpus$
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Judith Farbey, Robert Sharpe, and Simon Atrill

Print publication date: 2011

Print ISBN-13: 9780199248247

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199248247.001.0001

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Habeas Corpus, Fundamental Rights, and the Executive

Habeas Corpus, Fundamental Rights, and the Executive

(p.90) 4 Habeas Corpus, Fundamental Rights, and the Executive
The Law of Habeas Corpus

Judith Farbey

R. J. Sharpe

Simon Atrill

Oxford University Press

This chapter examines the use of habeas corpus where the liberty of the subject is restrained on account of an order made by the executive branch of government. The central issue is the extent to which the courts should control the exercise of discretionary powers. Broad discretionary powers may affect even such basic rights as personal freedom, but the courts can control the exercise of executive discretion when they wish to do so by defining the lawful limits of the power granted, and by making certain that the official has acted within those limits. The chapter examines the extent to which the principle that government officials must always be able to justify their action when called upon to do so before a court of law has been implemented on habeas corpus.

Keywords:   executive branch, discretionary powers, emergency powers, human rights

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