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Habeas Corpus in Wartime – From the Tower of London to Guantanamo Bay | Oxford Scholarship Online
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Habeas Corpus in Wartime: From the Tower of London to Guantanamo Bay

Amanda L. Tyler

Abstract

Habeas Corpus in Wartime unearths and presents a comprehensive account of the legal and political history of habeas corpus in wartime in the Anglo-American legal tradition. The book begins by tracing the origins of the habeas privilege in English law, giving special attention to the English Habeas Corpus Act of 1679, which limited the scope of executive detention and used the machinery of the English courts to enforce its terms. It also explores the circumstances that led Parliament to invent the concept of suspension as a tool for setting aside the protections of the Habeas Corpus Act in wart ... More

Keywords: habeas corpus, suspension, executive detention, American Revolution, Civil War, World War II, War on Terror

Bibliographic Information

Print publication date: 2017 Print ISBN-13: 9780199856664
Published to Oxford Scholarship Online: November 2017 DOI:10.1093/oso/9780199856664.001.0001

Authors

Affiliations are at time of print publication.

Amanda L. Tyler, author
Professor of Law, Berkeley Law, University of California