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Habeas Corpus in Wartime

Habeas Corpus in Wartime

Authors
Publisher Oxford University Press
Year 01/09/2019
Edition First
Pages 466
Version paperback
Readership level Professional and scholarly
Language English
ISBN 9780190090265
Categories Legal history, International criminal law, Constitutional & administrative law
$36.48 (with VAT)
137.00 PLN / €30.64 / £27.34
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Book description

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 wartime. Turning to the United States, the book highlights how the English suspension framework greatly influenced the development of early American habeas law before and after the American Revolution and during the Founding period, when the United States Constitution enshrined a habeas privilege in its Suspension Clause. The book then chronicles the story of the habeas privilege and suspension over the course of American history, giving special attention to the Civil War period. The final chapters explore how the challenges posed by modern warfare during the twentieth and twenty-first centuries have placed great strain on the previously well-settled understanding of the role of the habeas privilege and suspension in American constitutional law, particularly during World War II when the United States government detained tens of thousands of Japanese American citizens and later during the War on Terror. Throughout, the book draws upon a wealth of original and heretofore untapped historical resources to shed light on the purpose and role of the Suspension Clause in the United States Constitution, revealing all along that many of the questions that arise today regarding the scope of executive power to arrest and detain in wartime are not new ones. Professor Amanda Tyler offers a searing look at episodes in U.S. history when the federal government undermined its citizens' legal rights during times of war... Her critique reveals an incremental breakdown of habeas corpus, starting with the American Revolution and continuing through the war on terror."- Susan Gluss, BerkleyLaw Professor Tyler focuses on the role that habeas corpus and its suspension have played in English and American wars since the 17th century. Her definitive history establishes that the notion that American citizens can be detained for a lengthy period without a criminal charge or a suspension of the writ was invented in the 20th century and is totally at odds with t

Habeas Corpus in Wartime

Table of contents

Acknowledgements

Introduction

Part I: Origins: The Privilege of the Writ of Habeas Corpus and Suspension in English Law

Chapter 1: The Making of the Privilege

Chapter 2: Suspension: Legislating an Emergency Power

Chapter 3: Rebellion and Treason

Part II: Incorporating the Privilege and Suspension into American Law

Chapter 4: Forging a New Allegiance

Chapter 5: Enshrining a Constitutional Privilege

Chapter 6: The Suspension Clause in the Early Republic

Part III: Suspension

Chapter 7: Civil War and the "Great Suspender"

Chapter 8: Liberty in the Shadow Constitution: Suspension and the Confederacy

Chapter 9: Reconstructing the Union and Suspending in the Name of Civil Rights

Part IV: The Forgotten Suspension Clause

Chapter 10: World War II: Suspension and Martial Law in Hawaii and Mass Detention of Japanese Americans on the Mainland

Chapter 11: Habeas Corpus Today: Confronting the Age of Terrorism

Conclusion

Notes

Index

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