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Finally, a neglected aspect of the writ as used against detentions ordered by Parliament is discussed in the final chapter, where it is shown that the reach of review is far wider in a number of commonwealth jurisdictions than in England itself. No previous collection of essays or monograph has attempted to explore the writ against a Commonwealth-wide canvas and the differences in the role and use of the writ that emerge are a counterpoint to established thinking about the writ in England and some older commonwealth jurisdictions. While no policy prescriptions are presented, the ideas and arguments discussed in the book should prove to be an inspiration for lawyers and legislators in different parts of the Commonwealth.
This collection of essays on habeas corpus throughout the Commonwealth explores the fortunes of the writ and the conditions under which it has either flourished or waned. Drawing on a wide range of commonwealth authorities, and including materials from the colonial period as well as from ex-commonwealth or ex-empire states, the papers in this volume consider the diffusion of the writ, the myths surrounding it, and the uses to which the writ has been put that distinguish the remedy from the English experience.
This collection of essays on habeas corpus throughout the Commonwealth explores the fortunes of the writ and the conditions under which it has either flourished or waned. Drawing on a wide range of commonwealth authorities, and including materials from the colonial period as well as from ex-commonwealth or ex-empire states, the papers in this volume consider the diffusion of the writ, the myths surrounding it, and the uses to which the writ has been put that distinguish the remedy from the English experience.