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Habeas corpus, the Glossary

Index Habeas corpus

Habeas corpus (from Medieval Latin) is a recourse in law by which a report can be made to a court in the events of unlawful detention or imprisonment, requesting that the court order the person's custodian (usually a prison official) to bring the prisoner to court, to determine whether their detention is lawful.[1]

Table of Contents

  1. 207 relations: A. V. Dicey, Abraham Lincoln, Act of parliament, Advice (constitutional law), Anna Hazare, Anti-Terrorism Act 2005, Antonio Pérez (statesman), Arbitrary arrest and detention, Article 5 of the European Convention on Human Rights, Article One of the United States Constitution, Assize of Clarendon, Australia, B. R. Ambedkar, Bail, Basic Law for the Federal Republic of Germany, Battle of Fort Erie (1866), Biscay, Boumediene v. Bush, Canadian Charter of Rights and Freedoms, CanLII, Case 3/2008 in Macau, Castile (historical region), Catalonia, Certiorari, Chapter Two of the Constitution of South Africa, Charles II of England, Charles L. Craig, Charter of the United Nations, Civil law (legal system), Civil libertarianism, Common law, Communist Party of the Philippines, Constituent Assembly of India, Constitution of 3 May 1791, Constitution of India, Constitution of Ireland, Constitution of Italy, Constitution of Malaysia, Constitution of Pakistan, Constitution of Portugal, Constitution of Spain, Constitution of the Irish Free State, Constitution of the Philippines, Constitution of the Republic of China, Constitution of the United States, Contempt of court, Corpus delicti, Cortes of Aragon, Court, Court of Final Appeal (Macau), ... Expand index (157 more) »

  2. Emergency laws
  3. Prerogative writs

A. V. Dicey

Albert Venn Dicey, (4 February 1835 – 7 April 1922) was a British Whig jurist and constitutional theorist.

See Habeas corpus and A. V. Dicey

Abraham Lincoln

Abraham Lincoln (February 12, 1809 – April 15, 1865) was an American lawyer, politician, and statesman who served as the 16th president of the United States from 1861 until his assassination in 1865.

See Habeas corpus and Abraham Lincoln

Act of parliament

An act of parliament, as a form of primary legislation, is a text of law passed by the legislative body of a jurisdiction (often a parliament or council).

See Habeas corpus and Act of parliament

Advice (constitutional law)

In a parliamentary system, advice is a formal and usually binding instruction given by one constitutional officer of state to another. Habeas corpus and advice (constitutional law) are constitutional law.

See Habeas corpus and Advice (constitutional law)

Anna Hazare

Kisan Baburao "Anna" Hazare (born 15 June 1937) is an Indian social activist who led movements to promote rural development, increase government transparency, and investigate and punish corruption in public life.

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Anti-Terrorism Act 2005

The Anti-Terrorism Act 2005 (Cth) is an Act of the Parliament of Australia, which is intended to hamper the activities of any potential terrorists in the country.

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Antonio Pérez (statesman)

Antonio Pérez del Hierro (1540–Paris, 7 April 1611) was a Spanish statesman and secretary of king Philip II of Spain.

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Arbitrary arrest and detention

Arbitrary arrest and arbitrary detention is the arrest or detention of an individual in a case in which there is no likelihood or evidence that they committed a crime against legal statute, or in which there has been no proper due process of law or order.

See Habeas corpus and Arbitrary arrest and detention

Article 5 of the European Convention on Human Rights

Article 5 of the European Convention on Human Rights (Art.5 ECHR for short) provides that everyone has the right to liberty and security of person.

See Habeas corpus and Article 5 of the European Convention on Human Rights

Article One of the United States Constitution

Article One of the Constitution of the United States establishes the legislative branch of the federal government, the United States Congress.

See Habeas corpus and Article One of the United States Constitution

Assize of Clarendon

The Assize of Clarendon was an act of Henry II of England in 1166 that began a transformation of English law and led to trial by jury in common law countries worldwide, and that established assize courts.

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Australia

Australia, officially the Commonwealth of Australia, is a country comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands.

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B. R. Ambedkar

Bhimrao Ramji Ambedkar (Bhīmrāo Rāmjī Āmbēḍkar; 14 April 1891 – 6 December 1956) was an Indian jurist, economist, social reformer and political leader who headed the committee drafting the Constitution of India from the Constituent Assembly debates, served as Law and Justice minister in the first cabinet of Jawaharlal Nehru, and inspired the Dalit Buddhist movement after renouncing Hinduism.

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Bail

Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process.

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Basic Law for the Federal Republic of Germany

The Basic Law for the Federal Republic of Germany (Grundgesetz für die Bundesrepublik Deutschland) is the constitution of the Federal Republic of Germany.

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Battle of Fort Erie (1866)

The Battle of Fort Erie was a surrounding and forcing of the Fenian armies surrender following a skirmish near Fort Erie and the farther away Battle of Ridgeway on June 2, 1866.

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Biscay

Biscay (Bizkaia; Vizcaya) is a province of Spain and a historical territory of the Vascongadas, heir of the ancient Lordship of Biscay, lying on the south shore of the eponymous bay.

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Boumediene v. Bush

Boumediene v. Bush, 553 U.S. 723 (2008), was a writ of habeas corpus petition made in a civilian court of the United States on behalf of Lakhdar Boumediene, a naturalized citizen of Bosnia and Herzegovina, held in military detention by the United States at the Guantanamo Bay detention camps in Cuba.

See Habeas corpus and Boumediene v. Bush

Canadian Charter of Rights and Freedoms

The Canadian Charter of Rights and Freedoms (Charte canadienne des droits et libertés), often simply referred to as the Charter in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the Constitution Act, 1982.

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CanLII

The Canadian Legal Information Institute (CanLII; Institut canadien d'information juridique) is a non-profit organization created and funded by the Federation of Law Societies of Canada in 2001 on behalf of its 14 member societies.

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Case 3/2008 in Macau

Case 3/2008 in Macau was a habeas corpus case heard before the Macau Tribunal of Ultimate Instance.

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Castile (historical region)

Castile or Castille is a territory of imprecise limits located in Spain.

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Catalonia

Catalonia (Catalunya; Cataluña; Catalonha) is an autonomous community of Spain, designated as a nationality by its Statute of Autonomy.

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Certiorari

In law, certiorari is a court process to seek judicial review of a decision of a lower court or government agency. Habeas corpus and certiorari are Latin legal terminology, prerogative writs and writs.

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Chapter Two of the Constitution of South Africa

Chapter Two of the Constitution of South Africa contains the Bill of Rights, a human rights charter that protects the civil, political and socio-economic rights of all people in South Africa.

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Charles II of England

Charles II (29 May 1630 – 6 February 1685) was King of Scotland from 1649 until 1651 and King of England, Scotland, and Ireland from the 1660 Restoration of the monarchy until his death in 1685.

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Charles L. Craig

Charles Lacy Craig (March 9, 1872 - August 7, 1935) was the New York City Comptroller.

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Charter of the United Nations

The Charter of the United Nations (UN) is the foundational treaty of the United Nations.

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Civil law (legal system)

Civil law is a legal system originating in Italy and France that has been adopted in large parts of the world.

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Civil libertarianism

Civil libertarianism is a strain of political thought that supports civil liberties and rights, or which emphasizes the supremacy of individual rights and personal freedoms over and against any kind of authority (such as a state, a corporation, social norms imposed through peer pressure and so on). Habeas corpus and civil libertarianism are Liberalism.

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Common law

Common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions.

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Communist Party of the Philippines

The Communist Party of the Philippines (CPP; Partido Komunista ng Pilipinas) is a far-left, Marxist–Leninist–Maoist revolutionary organization and communist party in the Philippines, formed by Jose Maria Sison on 26 December 1968.

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Constituent Assembly of India

The Constituent Assembly of India was elected to frame the Constitution of India.

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Constitution of 3 May 1791

The Constitution of 3 May 1791, titled the Government Act, was a written constitution for the Polish–Lithuanian Commonwealth adopted by the Great Sejm that met between 1788 and 1792.

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Constitution of India

The Constitution of India is the supreme law of India.

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Constitution of Ireland

The Constitution of Ireland (Bunreacht na hÉireann) is the fundamental law of Ireland.

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Constitution of Italy

The Constitution of the Italian Republic (Costituzione della Repubblica Italiana) was ratified on 22 December 1947 by the Constituent Assembly, with 453 votes in favour and 62 against, before coming into force on 1 January 1948, one century after the previous Constitution of the Kingdom of Italy had been enacted.

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Constitution of Malaysia

The Federal Constitution of Malaysia (Perlembagaan Persekutuan Malaysia), which came into force in 1957 as the Constitution of the Federation of Malaya and was amended in 1963 to form the Constitution of Malaysia, is the supreme law of Malaysia and contains a total of 183 articles.

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Constitution of Pakistan

The Constitution of Pakistan (آئینِ پاکستان; ISO: Āīn-ē-Pākistān), also known as the 1973 Constitution, is the supreme law of Pakistan.

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Constitution of Portugal

The present Constitution of Portugal was adopted in 1976 after the Carnation Revolution.

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Constitution of Spain

The Spanish Constitution (Constitución Española) is the supreme law of the Kingdom of Spain.

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Constitution of the Irish Free State

The Constitution of the Irish Free State (Bunreacht Shaorstát Éireann) was adopted by Act of Dáil Éireann sitting as a constituent assembly on 25 October 1922.

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Constitution of the Philippines

The Constitution of the Philippines (Filipino: Saligang Batas ng Pilipinas or Konstitusyon ng Pilipinas) is the supreme law of the Philippines.

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Constitution of the Republic of China

The Constitution of the Republic of China is the fifth and current constitution of the Republic of China (ROC), ratified by the Kuomintang during the Constituent National Assembly session on 25 December 1946, in Nanjing, and adopted on 25 December 1947.

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Constitution of the United States

The Constitution of the United States is the supreme law of the United States.

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Contempt of court

Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the court.

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Corpus delicti

Corpus delicti (Latin for "body of the crime"; plural: corpora delicti), in Western law, is the principle that a crime must be proved to have occurred before a person can be convicted of committing that crime.

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Cortes of Aragon

The Cortes of Aragon (Cortes de Aragón, Cortz d'Aragón, Corts d'Aragó) is the regional parliament for the Spanish autonomous community of Aragon.

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Court

A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law.

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Court of Final Appeal (Macau)

The Court of Final Appeal of Macau (Tribunal de Última Instância de Macau) is the court with the final adjudication power on laws of Macau.

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Court order

A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings.

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Courts of England and Wales

The Courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.

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Criminal Code (Canada)

The Criminal Code (Code criminel) is a law that codifies most criminal offences and procedures in Canada.

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Crown of Aragon

The Crown of AragonCorona d'Aragón;Corona d'Aragó,;Corona de Aragón;Corona Aragonum.

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Czechoslovakia

Czechoslovakia (Czech and Československo, Česko-Slovensko) was a landlocked state in Central Europe, created in 1918, when it declared its independence from Austria-Hungary.

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Declaration of the Rights of Man and of the Citizen

The Declaration of the Rights of Man and of the Citizen (Déclaration des droits de l'Homme et du citoyen de 1789), set by France's National Constituent Assembly in 1789, is a human civil rights document from the French Revolution.

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Defence Forces (Ireland)

The Defence Forces (Fórsaí Cosanta, officially styled Óglaigh na hÉireann)Óglaigh na hÉireann derives its origins from the Irish Volunteers.

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Dobbs Ferry, New York

Dobbs Ferry is a village in Westchester County, New York, United States.

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Edward Hyde, 1st Earl of Clarendon

Edward Hyde, 1st Earl of Clarendon (18 February 16099 December 1674), was an English statesman, lawyer, diplomat and historian who served as chief advisor to Charles I during the First English Civil War, and Lord Chancellor to Charles II from 1660 to 1667.

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Edward I of England

Edward I (17/18 June 1239 – 7 July 1307), also known as Edward Longshanks and the Hammer of the Scots, was King of England from 1272 to 1307.

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English law

English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.

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Estates of the realm

The estates of the realm, or three estates, were the broad orders of social hierarchy used in Christendom (Christian Europe) from the Middle Ages to early modern Europe. Habeas corpus and estates of the realm are constitutional law.

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European Convention on Human Rights

The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe.

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Ex parte

In law, ex parte is a Latin term meaning literally "from/out of the party/faction of" (name of party/faction, often omitted), thus signifying "on behalf of (name)". Habeas corpus and ex parte are Latin legal terminology.

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Exclusion Crisis

The Exclusion Crisis ran from 1679 until 1681 in the reign of King Charles II of England, Scotland and Ireland.

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In an extradition, one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, into the custody of the other's law enforcement.

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Fenian Rising

The Fenian Rising of 1867 (Éirí Amach na bhFíníní, 1867) was a rebellion against British rule in Ireland, organised by the Irish Republican Brotherhood (IRB).

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Ferdinand Marcos

--> Ferdinand Emmanuel Edralin Marcos Sr. (September 11, 1917 – September 28, 1989) was a Filipino politician, dictator and kleptocrat who served as the tenth president of the Philippines from 1965 to 1986.

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Franklin D. Roosevelt

Franklin Delano Roosevelt (January 30, 1882April 12, 1945), commonly known by his initials FDR, was an American politician who served as the 32nd president of the United States from 1933 until his death in 1945.

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Freehold (law)

A freehold, in common law jurisdictions such as England and Wales, Australia, Canada, Ireland, and twenty states in the United States, is the common mode of ownership of real property, or land, and all immovable structures attached to such land.

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Fundamental rights in India

The Fundamental Rights in India enshrined in part III (Article 12–35) of the Constitution of India guarantee civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India.

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General Assemblies (Juntas Generales)

The General Assemblies (Spanish: Juntas Generales; Basque: Batzar Nagusiak) is the name of the legislative body (legislature) of the Spanish Basque territories of Biscay, Gipuzkoa, Alava and Navarre, and the elected assemblies to which the Government of each territory is responsible.

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George W. Bush

George Walker Bush (born July 6, 1946) is an American politician and businessman who served as the 43rd president of the United States from 2001 to 2009.

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Gernikako Arbola

Gernikako Arbola ("the Tree of Gernika" in Basque) is an oak tree that symbolizes traditional freedoms for the Biscayan people, and by extension for the Basque people as a whole.

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Gilbert du Motier, Marquis de Lafayette

Marie-Joseph Paul Yves Roch Gilbert du Motier de La Fayette, Marquis de La Fayette (6 September 1757 – 20 May 1834), known in the United States as Lafayette, was a French nobleman and military officer who volunteered to join the Continental Army, led by General George Washington, in the American Revolutionary War.

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Governor General of Canada

The governor general of Canada (gouverneure générale du Canada) is the federal representative of the.

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Guantanamo Bay detention camp

The Guantanamo Bay detention camp,Centro de detención de la bahía de Guantánamo is a United States military prison within Naval Station Guantanamo Bay (NSGB), also called GTMO (pronounced Gitmo /ˈɡɪtmoʊ/ ''GIT-moh'') on the coast of Guantánamo Bay, Cuba.

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Guernica

Guernica, officially Gernika in Basque, is a town in the province of Biscay, in the Autonomous Community of the Basque Country, Spain.

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Habeas Corpus (play)

Habeas Corpus is a stage comedy in two acts by the English author Alan Bennett.

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Habeas Corpus Act 1640

The Habeas Corpus Act 1640 (16 Cha. 1. c. 10) was an Act of the Parliament of England.

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Habeas Corpus Act 1679

The Habeas Corpus Act 1679 is an Act of Parliament in England (31 Cha. 2. c. 2) during the reign of King Charles II.

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Habeas Corpus Act 1816

The Habeas Corpus Act 1816 (56 Geo. 3. c. 100) or Serjeant Onslow's Act was an Act of the Parliament of the United Kingdom that modified the law on habeas corpus to remove the rule against controverting the return in non-criminal cases.

See Habeas corpus and Habeas Corpus Act 1816

Habeas Corpus Parliament

The Habeas Corpus Parliament, also known as the First Exclusion Parliament, was a short-lived English Parliament which assembled on 6 March 1679 (or 1678, Old Style) during the reign of Charles II of England, the third parliament of the King's reign.

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Habeas corpus petitions of Guantanamo Bay detainees

In United States law, habeas corpus is a recourse challenging the reasons or conditions of a person's detention under color of law.

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Habeas Corpus Restoration Act of 2007

A bill, provisionally called the Habeas Corpus Restoration Act of 2007,, passed the United States Senate Judiciary Committee on Thursday, June 7, 2007.

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Habeas Corpus Suspension Act (1863)

The Habeas Corpus Suspension Act, (1863), entitled An Act relating to Habeas Corpus, and regulating Judicial Proceedings in Certain Cases, was an Act of Congress that authorized the president of the United States to suspend the right of habeas corpus in response to the American Civil War and provided for the release of political prisoners.

See Habeas corpus and Habeas Corpus Suspension Act (1863)

Habeas Corpus Suspension Act 1794

The Habeas Corpus Suspension Act 1794 (34 Geo. 3. c. 54) was an Act passed by the British Parliament.

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Habeas data

Habeas data is a writ and constitutional remedy available in certain nations. Habeas corpus and Habeas data are constitutional law and Latin legal terminology.

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Henry II of England

Henry II, also known as Henry Fitzempress and Henry Curtmantle, was King of England from 1154 until his death in 1189.

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High Court (Ireland)

The High Court (An Ard-Chúirt) of Ireland is a court which deals at first instance with the most serious and important civil and criminal cases.

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High courts of India

The high courts of India are the highest courts of appellate jurisdiction in each state and union territory of India.

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History of England

The territory today known as England became inhabited more than 800,000 years ago, as the discovery of stone tools and footprints at Happisburgh in Norfolk have indicated.

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Human Rights Act 1998

The Human Rights Act 1998 (c. 42) is an Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000.

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Impressment

Impressment, colloquially "the press" or the "press gang", is the forced conscription of men into a military force, especially a naval force, via intimidation and physical coercion, conducted by an organized group (hence "gang").

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India

India, officially the Republic of India (ISO), is a country in South Asia.

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Interdictum de homine libero exhibendo

The interdictum de homine libero exhibendo was a form of interdictum in Roman law ordering a man who unlawfully holds a free man as a slave to produce this man in court. Habeas corpus and interdictum de homine libero exhibendo are Latin legal terminology.

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Internal Security Act 1960

The Internal Security Act 1960 (Akta Keselamatan Dalam Negeri 1960, abbreviated ISA) was a preventive detention law in force in Malaysia.

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Internment of Japanese Canadians

From 1942 to 1949, Canada forcibly relocated and incarcerated over 22,000 Japanese Canadians—comprising over 90% of the total Japanese Canadian population—from British Columbia in the name of "national security".

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James II of Aragon

James II (Catalan: Jaume II; Aragonese: Chaime II; 10 April 1267 – 2 or 5 November 1327), called the Just, was the King of Aragon and Valencia and Count of Barcelona from 1291 to 1327.

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Jammu and Kashmir National Panthers Party

The Jammu & Kashmir National Panthers Party is a socialist and secular state political party in the state of Jammu and Kashmir, India.

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Jedlnia

Jedlnia is a village in the administrative district of Gmina Pionki, within Radom County, Masovian Voivodeship, in east-central Poland.

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Jersey

Jersey (label), officially known as the Bailiwick of Jersey, is an island country and self-governing British Crown Dependency near the coast of north-west France.

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Judicial review

Judicial review is a process under which a government's executive, legislative, or administrative actions are subject to review by the judiciary. Habeas corpus and judicial review are constitutional law.

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Justicia de Aragón

The Justicia de Aragón (Chusticia d'Aragón; Justícia d'Aragó; Justice of Aragon) is the name of an important public office that existed in the Kingdom of Aragon from the beginning of at least the 12th century until 1711, and again from 1982 onwards.

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King's Bench Division

The King's Bench Division (or Queen's Bench Division when the monarch is female) of the High Court of Justice deals with a wide range of common law cases and has supervisory responsibility over certain lower courts.

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A legal recourse is an action that can be taken by an individual or a corporation to attempt to remedy a legal difficulty.

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A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual.

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Library and Archives Canada

Library and Archives Canada (LAC; Bibliothèque et Archives Canada) is the federal institution tasked with acquiring, preserving, and providing accessibility to the documentary heritage of Canada.

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. DON'T DELETE ->. --> A number of Latin terms are used in legal terminology and legal maxims. Habeas corpus and List of Latin legal terms are Latin legal terminology.

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Lordship of Biscay

The Lordship of Biscay (Señorío de Vizcaya, Basque: Bizkaiko jaurerria) was a region under feudal rule in the region of Biscay in the Iberian Peninsula between 1040 and 1876, ruled by a political figure known as the Lord of Biscay.

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Luis Kutner

Luis Kutner (June 9, 1908 – March 1, 1993), was a US human rights activist, FBI informant, and lawyer who was on the National Advisory Council of the US branch of Amnesty International during its early years and created the concept of a living will.

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Macau

Macau or Macao is a special administrative region of the People's Republic of China.

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Magna Carta

(Medieval Latin for "Great Charter of Freedoms"), commonly called Magna Carta or sometimes Magna Charta ("Great Charter"), is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215.

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Maguindanao massacre

The Maguindanao massacre, also known as the Ampatuan massacre, named after the town where mass graves of victims were found, occurred on the morning of November 23, 2009, in the town of Ampatuan in then-undivided Maguindanao (which is now Maguindanao del Sur) province, on the island of Mindanao.

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Malaysia

Malaysia is a country in Southeast Asia.

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Mandamus

A writ of is a judicial remedy in the English and American common law system consisting of a court order that commands a government official or entity to perform an act it is legally required to perform as part of its official duties, or to refrain from performing an act the law forbids it from doing. Habeas corpus and Mandamus are Latin legal terminology, prerogative writs and writs.

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Martial law

Martial law is the replacement of civilian government by military rule and the suspension of civilian legal processes for military powers. Habeas corpus and Martial law are emergency laws.

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Martin Thomas Manton

Martin Thomas Manton (August 2, 1880 – November 17, 1946) was a United States circuit judge of the United States Court of Appeals for the Second Circuit and previously was a United States District Judge of the United States District Court for the Southern District of New York.

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Maute group

Dawlah Islamiya, also called Islamic State of Lanao and formerly named as the Maute Group, is a radical Islamist group composed of former Moro Islamic Liberation Front guerrillas and foreign fighters.

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Medieval Latin

Medieval Latin was the form of Literary Latin used in Roman Catholic Western Europe during the Middle Ages.

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Military Commissions Act of 2006

The Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006.

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Mission Institution

Mission Institution is a minimum and medium security federal institution within the Correctional Service of Canada and is located in Mission, British Columbia.

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Murder conviction without a body

It is possible to convict someone of murder without the purported victim's body in evidence.

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Neminem captivabimus

Neminem captivabimus is a legal term in Polish and Lithuanian historical law that was short for (Latin, "We shall not arrest anyone without a court verdict").

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New Zealand

New Zealand (Aotearoa) is an island country in the southwestern Pacific Ocean.

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Northern Ireland

Northern Ireland (Tuaisceart Éireann; Norlin Airlann) is a part of the United Kingdom in the north-east of the island of Ireland that is variously described as a country, province or region.

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Oceana Publications

Oceana Publications Inc. was a legal publisher.

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October Crisis

The October Crisis (Crise d'Octobre) was a chain of political events in Canada that started in October 1970 when members of the Front de libération du Québec (FLQ) kidnapped the provincial Labour Minister Pierre Laporte and British diplomat James Cross from his Montreal residence.

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Ombudsman

An ombudsman (also), ombud, ombuds, bud, ombudswoman, ombudsperson, or public advocate is a government employee who investigates and tries to resolve complaints, usually through recommendations (binding or not) or mediation.

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Pakistan

Pakistan, officially the Islamic Republic of Pakistan, is a country in South Asia.

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Palace of Westminster

The Palace of Westminster is the meeting place of the Parliament of the United Kingdom and is located in London, England.

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Parliament of Australia

The Parliament of Australia (officially the Parliament of the Commonwealth and also known as Federal Parliament) is the legislative body of the federal level of government of Australia.

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Parliament of England

The Parliament of England was the legislature of the Kingdom of England from the 13th century until 1707 when it was replaced by the Parliament of Great Britain.

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Parliament of Scotland

The Parliament of Scotland (Pairlament o Scotland; Pàrlamaid na h-Alba) was the legislature of the Kingdom of Scotland from the 13th century until 1707.

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Petitioner

A petitioner is a person who pleads with governmental institution for a legal remedy or a redress of grievances, through use of a petition.

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Philip II of Spain

Philip II (21 May 152713 September 1598), also known as Philip the Prudent (Felipe el Prudente), was King of Spain from 1556, King of Portugal from 1580, and King of Naples and Sicily from 1554 until his death in 1598.

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Philippine habeas corpus cases

Philippine habeas corpus cases are cases decided by the Supreme Court of the Philippines, which invoke the writ of ''habeas corpus''.

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Pierre Trudeau

Joseph Philippe Pierre Yves Elliott Trudeau (October 18, 1919 – September 28, 2000) was a Canadian lawyer and politician who served as the 15th prime minister of Canada from 1968 to 1979 and from 1980 to 1984.

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Plaza Miranda bombing

The Plaza Miranda bombing (Pambobomba sa Liwasang Miranda) occurred during a political rally of the Liberal Party at Plaza Miranda, Quiapo district, Manila, the Philippines on August 21, 1971.

See Habeas corpus and Plaza Miranda bombing

Polish–Lithuanian Commonwealth

Poland–Lithuania, formally known as the Kingdom of Poland and the Grand Duchy of Lithuania and also referred to as the Polish–Lithuanian Commonwealth or the First Polish Republic, was a bi-confederal state, sometimes called a federation, of Poland and Lithuania ruled by a common monarch in real union, who was both King of Poland and Grand Duke of Lithuania.

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Portuguese Macau

Macau (officially the Province of Macau from 1897 to 1976 and later the Autonomous Region of Macau from 1976 to 1999) was a Portuguese colony from the establishment of the first official Portuguese settlement of Macau in 1557 to its handover to China in 1999.

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Pre-trial detention

Pre-trial detention, also known as jail, preventive detention, provisional detention, or remand, is the process of detaining a person until their trial after they have been arrested and charged with an offence.

See Habeas corpus and Pre-trial detention

Prerogative writ

"Prerogative writ" is a historic term for a writ (official order) that directs the behavior of another arm of government, such as an agency, official, or other court. Habeas corpus and Prerogative writ are prerogative writs and writs.

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Presumption of innocence

The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Habeas corpus and presumption of innocence are human rights.

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Prima facie

Prima facie is a Latin expression meaning "at first sight", or "based on first impression". Habeas corpus and Prima facie are Latin legal terminology.

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Procedendo

In common-law jurisprudence, procedendo is one of the prerogative writs. Habeas corpus and procedendo are prerogative writs.

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Quebec

QuebecAccording to the Canadian government, Québec (with the acute accent) is the official name in Canadian French and Quebec (without the accent) is the province's official name in Canadian English is one of the thirteen provinces and territories of Canada.

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Queen Victoria

Victoria (Alexandrina Victoria; 24 May 1819 – 22 January 1901) was Queen of the United Kingdom of Great Britain and Ireland from 20 June 1837 until her death in 1901.

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Quo warranto

In the English-American common law, quo warranto (Medieval Latin for "by what warrant?") is a prerogative writ issued by a court which orders someone to show what authority they have for exercising some right, power, or franchise they claim to hold. Habeas corpus and quo warranto are prerogative writs.

See Habeas corpus and Quo warranto

Rajan case

The Rajan case refers to the death of P. Rajan, a student of the Regional Engineering College, Calicut, as a result of torture in local police custody in Kerala during the nationwide Emergency in India in 1976, and the legal battle that followed, which revealed facts of the incident to the public.

See Habeas corpus and Rajan case

Recurso de amparo

In most legal systems of the Spanish-speaking world, the writ of amparo ("writ of protection"; also called recurso de amparo, "appeal for protection", or juicio de amparo, "judgement for protection") is a remedy for the protection of constitutional rights, found in certain jurisdictions. Habeas corpus and recurso de amparo are writs.

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René Cassin

René Samuel Cassin (5 October 1887 – 20 February 1976) was a French jurist known for co-authoring the Universal Declaration of Human Rights and receiving the Nobel Peace Prize.

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Republic of Ireland

Ireland (Éire), also known as the Republic of Ireland (Poblacht na hÉireann), is a country in north-western Europe consisting of 26 of the 32 counties of the island of Ireland.

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Rodrigo Duterte

Rodrigo Roa Duterte (born March 28, 1945), also known as Digong, Rody, and by the initials DU30 and PRRD, is a Filipino lawyer and politician who served as the 16th president of the Philippines from 2016 to 2022.

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Roman-Dutch law

Roman-Dutch law (Dutch: Rooms-Hollands recht, Afrikaans: Romeins-Hollandse reg) is an uncodified, scholarship-driven, and judge-made legal system based on Roman law as applied in the Netherlands in the 17th and 18th centuries.

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Second Amendment of the Constitution of Ireland

The Second Amendment of the Constitution Act 1941 (previously bill no. 40 of 1941) is an amendment of the Constitution of Ireland that was in the form of omnibus legislation affecting a variety of articles on a range of subject matters.

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Secretary of State for Foreign and Commonwealth Affairs v Rahmatullah

Secretary of State for Foreign and Commonwealth Affairs v Yunus Rahmatullah UKSC 48 is a UK constitutional law case concerning the detention of Yunus Rahmatullah, a Pakistani citizen detained in Iraq, and later Afghanistan, who is alleged to have travelled to Iraq to fight for Al-Qaeda during the Second Iraq War.

See Habeas corpus and Secretary of State for Foreign and Commonwealth Affairs v Rahmatullah

Section 10 of the Canadian Charter of Rights and Freedoms

Section 10 of the Canadian Charter of Rights and Freedoms specifies rights upon arrest or detention, including the rights to consult a lawyer and the right to habeas corpus.

See Habeas corpus and Section 10 of the Canadian Charter of Rights and Freedoms

Security of person

Security of the person is a basic entitlement guaranteed by the Universal Declaration of Human Rights, adopted by the United Nations in 1948.

See Habeas corpus and Security of person

September 11 attacks

The September 11 attacks, commonly known as 9/11, were four coordinated Islamist terrorist suicide attacks carried out by al-Qaeda against the United States in 2001.

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Seven Years' War

The Seven Years' War (1756–1763) was a global conflict involving most of the European great powers, fought primarily in Europe and the Americas.

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Sixteenth Amendment of the Constitution of Ireland

The Sixteenth Amendment of the Constitution Act 1996 (previously bill no. 49 of 1996) is an amendment of the Constitution of Ireland which provides that a court can refuse bail to a suspect where it feared that while at liberty they would commit a serious criminal offence.

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Solitary confinement

Solitary confinement is a form of imprisonment in which an incarcerated person lives in a single cell with little or no contact with other people.

See Habeas corpus and Solitary confinement

Somerset v Stewart

Somerset v Stewart (1772) (also known as Sommersett v Steuart, Somersett's case, and the Mansfield Judgment) is a judgment of the English Court of King's Bench in 1772, relating to the right of an enslaved person on English soil not to be forcibly removed from the country and sent to Jamaica for sale.

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South Africa

South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa.

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Spain

Spain, formally the Kingdom of Spain, is a country located in Southwestern Europe, with parts of its territory in the Atlantic Ocean, the Mediterranean Sea and Africa.

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Standing (law)

In law, standing or locus standi is a condition that a party seeking a legal remedy must show they have, by demonstrating to the court, sufficient connection to and harm from the law or action challenged to support that party's participation in the case.

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Star Chamber

The Star Chamber (Latin: Camera stellata) was an English court that sat at the royal Palace of Westminster, from the late to the mid-17th century, and was composed of Privy Counsellors and common-law judges, to supplement the judicial activities of the common-law and equity courts in civil and criminal matters.

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State of emergency

A state of emergency is a situation in which a government is empowered to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. Habeas corpus and state of emergency are constitutional law and emergency laws.

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Statute Law Revision (Scotland) Act 1964

The Statute Law Revision (Scotland) Act 1964 (c. 80) was an act of the Parliament of the United Kingdom of Great Britain and Northern Ireland.

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Subjunctive mood

The subjunctive (also known as conjunctive in some languages) is a grammatical mood, a feature of an utterance that indicates the speaker's attitude toward it.

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Subpoena ad testificandum

A subpoena ad testificandum is a court summons to appear and give oral testimony for use at a hearing or trial. Habeas corpus and subpoena ad testificandum are writs.

See Habeas corpus and Subpoena ad testificandum

Subpoena duces tecum

A subpoena duces tecum (pronounced in English), or subpoena for production of evidence, is a court summons ordering the recipient to appear before the court and produce documents or other tangible evidence for use at a hearing or trial. Habeas corpus and subpoena duces tecum are writs.

See Habeas corpus and Subpoena duces tecum

Subrata Roy

Subrata Roy (10 June 1948 – 14 November 2023) was an Indian businessman who founded the business conglomerate Sahara India Pariwar in 1978.

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Supreme Court of Canada

The Supreme Court of Canada (SCC; Cour suprême du Canada, CSC) is the highest court in the judicial system of Canada.

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Supreme Court of India

The Supreme Court of India (ISO: Bhārata kā Sarvōcca Nyāyālaya) is the supreme judicial authority and the highest court of the Republic of India.

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Supreme Court of Ireland

The Supreme Court of Ireland (Cúirt Uachtarach na hÉireann) is the highest judicial authority in Ireland.

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Supreme Court of the United States

The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States.

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Szlachta

The szlachta (Polish:; Lithuanian: šlėkta) were the noble estate of the realm in the Kingdom of Poland, the Grand Duchy of Lithuania and the Polish–Lithuanian Commonwealth and, as a social class, dominated those states by exercising political rights and power.

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Test (law)

In law, a test is a commonly applied method of evaluation used to resolve matters of jurisprudence.

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The American Historical Review

The American Historical Review is a quarterly academic history journal published by Oxford University Press on behalf of the American Historical Association, for which it is its official publication.

See Habeas corpus and The American Historical Review

The Emergency (India)

The Emergency in India was a 21-month period from 1975 to 1977 when Prime Minister Indira Gandhi had a state of emergency declared across the country by citing internal and external threats to the country.

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The New Zealand Herald

The New Zealand Herald is a daily newspaper published in Auckland, New Zealand, owned by New Zealand Media and Entertainment, and considered a newspaper of record for New Zealand.

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The Troubles

The Troubles (Na Trioblóidí) were an ethno-nationalist conflict in Northern Ireland that lasted for about 30 years from the late 1960s to 1998.

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Thirteen Colonies

The Thirteen Colonies were a group of British colonies on the Atlantic coast of North America during the 17th and 18th centuries.

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Thomas D'Arcy McGee

Thomas D'Arcy McGee (13 April 18257 April 1868) was an Irish-Canadian politician, Catholic spokesman, journalist, poet, and a Father of Canadian Confederation.

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Thomas Jefferson

Thomas Jefferson (April 13, 1743 – July 4, 1826) was an American statesman, planter, diplomat, lawyer, architect, philosopher, and Founding Father who served as the third president of the United States from 1801 to 1809.

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Torture

Torture is the deliberate infliction of severe pain or suffering on a person for reasons including punishment, extracting a confession, interrogation for information, intimidating third parties, or entertainment. Habeas corpus and Torture are philosophy of law.

See Habeas corpus and Torture

Tulane Law Review

The Tulane Law Review, a publication of the Tulane University Law School, was founded in 1916, and is currently published five times annually.

See Habeas corpus and Tulane Law Review

U.S. Immigration and Customs Enforcement

U.S. Immigration and Customs Enforcement (ICE) is a federal law enforcement agency under the U.S. Department of Homeland Security.

See Habeas corpus and U.S. Immigration and Customs Enforcement

Ukrainian Canadian internment

The Ukrainian Canadian internment was part of the confinement of "enemy aliens" in Canada during and for two years after the end of the First World War.

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Ulysses S. Grant

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United Kingdom

The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of the continental mainland.

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United Nations Commission on Human Rights

The United Nations Commission on Human Rights (UNCHR) was a functional commission within the overall framework of the United Nations from 1946 until it was replaced by the United Nations Human Rights Council in 2006.

See Habeas corpus and United Nations Commission on Human Rights

United Nations General Assembly

The United Nations General Assembly (UNGA or GA; Assemblée générale, AG) is one of the six principal organs of the United Nations (UN), serving as its main deliberative, policymaking, and representative organ.

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United States District Court for the Southern District of New York

The United States District Court for the Southern District of New York (in case citations, S.D.N.Y.) is a federal trial court whose geographic jurisdiction encompasses eight counties of the State of New York.

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Universal Declaration of Human Rights

The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the rights and freedoms of all human beings.

See Habeas corpus and Universal Declaration of Human Rights

War Measures Act

The War Measures Act (Loi sur les mesures de guerre; 5 George V, Chap. 2) was a statute of the Parliament of Canada that provided for the declaration of war, invasion, or insurrection, and the types of emergency measures that could thereby be taken. Habeas corpus and war Measures Act are emergency laws.

See Habeas corpus and War Measures Act

Władysław II Jagiełło

Jogaila (1 June 1434), later Władysław II Jagiełło,He is known under a number of names: Jogaila Algirdaitis; Władysław II Jagiełło; Jahajła (Ягайла).

See Habeas corpus and Władysław II Jagiełło

Whigs (British political party)

The Whigs were a political party in the Parliaments of England, Scotland, Ireland, Great Britain and the United Kingdom.

See Habeas corpus and Whigs (British political party)

William Blackstone

Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, justice and Tory politician most noted for his Commentaries on the Laws of England, which became the best-known description of the doctrines of the English common law.

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William N. Oatis

William Nathan Oatis (January 4, 1914 – September 16, 1997) was an American journalist who gained international attention when he was charged with espionage by the communist Czechoslovakia in 1951.

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World war

A world war is an international conflict that involves most or all of the world's major powers.

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World War I

World War I (alternatively the First World War or the Great War) (28 July 1914 – 11 November 1918) was a global conflict between two coalitions: the Allies (or Entente) and the Central Powers.

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World War II

World War II or the Second World War (1 September 1939 – 2 September 1945) was a global conflict between two alliances: the Allies and the Axis powers.

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Writ

In common law, a writ (Anglo-Saxon gewrit, Latin breve) is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Habeas corpus and writ are writs.

See Habeas corpus and Writ

Writ of prohibition

A writ of prohibition is a writ directing a subordinate to stop doing something the law prohibits. Habeas corpus and writ of prohibition are prerogative writs.

See Habeas corpus and Writ of prohibition

See also

Emergency laws

Prerogative writs

References

[1] https://en.wikipedia.org/wiki/Habeas_corpus

Also known as 28 U.S.C. 2254, 28 U.S.C. SS 2254, 28 U.S.C. § 2254, Act for preventing wrongful imprisonment and against undue delays in trials, Criminal Procedure Act 1701, Great Writ, Habaes Corpus, Habeas corpus ad deliberandum et recipiendum, Habeas corpus ad faciendum et recipiendum, Habeas corpus ad prosequendum, Habeas corpus ad respondendum, Habeas corpus ad satisfaciendum, Habeas corpus ad subjiciendum, Habeas corpus ad testificandum, Habeas corpus case, Habeas corpus cum causa, Habeas corpus petition, Habeas petition, Habeas relief, Habeaus corpus, Habeous Corpus, Habeus Corpus, Habius corpus, Right to freedom, The writ of habeas corpus, Writ Of Habeas Corpus, Writ of Habeus Corpus.

, Court order, Courts of England and Wales, Criminal Code (Canada), Crown of Aragon, Czechoslovakia, Declaration of the Rights of Man and of the Citizen, Defence Forces (Ireland), Dobbs Ferry, New York, Edward Hyde, 1st Earl of Clarendon, Edward I of England, English law, Estates of the realm, European Convention on Human Rights, Ex parte, Exclusion Crisis, Extradition, Fenian Rising, Ferdinand Marcos, Franklin D. Roosevelt, Freehold (law), Fundamental rights in India, General Assemblies (Juntas Generales), George W. Bush, Gernikako Arbola, Gilbert du Motier, Marquis de Lafayette, Governor General of Canada, Guantanamo Bay detention camp, Guernica, Habeas Corpus (play), Habeas Corpus Act 1640, Habeas Corpus Act 1679, Habeas Corpus Act 1816, Habeas Corpus Parliament, Habeas corpus petitions of Guantanamo Bay detainees, Habeas Corpus Restoration Act of 2007, Habeas Corpus Suspension Act (1863), Habeas Corpus Suspension Act 1794, Habeas data, Henry II of England, High Court (Ireland), High courts of India, History of England, Human Rights Act 1998, Impressment, India, Interdictum de homine libero exhibendo, Internal Security Act 1960, Internment of Japanese Canadians, James II of Aragon, Jammu and Kashmir National Panthers Party, Jedlnia, Jersey, Judicial review, Justicia de Aragón, King's Bench Division, Legal recourse, Legal remedy, Library and Archives Canada, List of Latin legal terms, Lordship of Biscay, Luis Kutner, Macau, Magna Carta, Maguindanao massacre, Malaysia, Mandamus, Martial law, Martin Thomas Manton, Maute group, Medieval Latin, Military Commissions Act of 2006, Mission Institution, Murder conviction without a body, Neminem captivabimus, New Zealand, Northern Ireland, Oceana Publications, October Crisis, Ombudsman, Pakistan, Palace of Westminster, Parliament of Australia, Parliament of England, Parliament of Scotland, Petitioner, Philip II of Spain, Philippine habeas corpus cases, Pierre Trudeau, Plaza Miranda bombing, Polish–Lithuanian Commonwealth, Portuguese Macau, Pre-trial detention, Prerogative writ, Presumption of innocence, Prima facie, Procedendo, Quebec, Queen Victoria, Quo warranto, Rajan case, Recurso de amparo, René Cassin, Republic of Ireland, Rodrigo Duterte, Roman-Dutch law, Second Amendment of the Constitution of Ireland, Secretary of State for Foreign and Commonwealth Affairs v Rahmatullah, Section 10 of the Canadian Charter of Rights and Freedoms, Security of person, September 11 attacks, Seven Years' War, Sixteenth Amendment of the Constitution of Ireland, Solitary confinement, Somerset v Stewart, South Africa, Spain, Standing (law), Star Chamber, State of emergency, Statute Law Revision (Scotland) Act 1964, Subjunctive mood, Subpoena ad testificandum, Subpoena duces tecum, Subrata Roy, Supreme Court of Canada, Supreme Court of India, Supreme Court of Ireland, Supreme Court of the United States, Szlachta, Test (law), The American Historical Review, The Emergency (India), The New Zealand Herald, The Troubles, Thirteen Colonies, Thomas D'Arcy McGee, Thomas Jefferson, Torture, Tulane Law Review, U.S. Immigration and Customs Enforcement, Ukrainian Canadian internment, Ulysses S. Grant, United Kingdom, United Nations Commission on Human Rights, United Nations General Assembly, United States District Court for the Southern District of New York, Universal Declaration of Human Rights, War Measures Act, Władysław II Jagiełło, Whigs (British political party), William Blackstone, William N. Oatis, World war, World War I, World War II, Writ, Writ of prohibition.