Journals Higher Education



Published: 06 December 2019

466 Pages


ISBN: 9780190090265

Also Available As:

Bookseller Code (AJ)

Habeas Corpus in Wartime

From the Tower of London to Guantanamo Bay

Amanda L. Tyler

  • Presents a comprehensive account of the legal and political history of habeas corpus in wartime in the Anglo-American legal tradition
  • Traces the origins of the privilege of the writ of habeas corpus in English law, while focusing on the English Habeas Corpus Act of 1679
  • Explores the circumstances that led Parliament to invent the concept of suspension to set aside the protections of the Habeas Corpus Act in wartime
  • Focuses on how the English suspension framework greatly influenced the development of early American habeas law
  • Details how both the privilege and the concept of suspension have been understood over the course of American history
  • Reveals how the challenges posed by modern warfare during World War II and the War on Terror placed considerable strain on longstanding conceptions of the privilege and the role of suspension
  • Explores many important questions that come up today regarding the Suspension Clause and related matters, such as martial law and the use of military tribunals in wartime
  • Analyzes the role of the courts in protecting the constitutional privilege of the writ of habeas corpus and how the Supreme Court failed to do so during World War II and the War on Terror

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