Habeas Corpus - what nations have it?

innonimatu

the resident Cassandra
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After reading one news piece about the recent failure to restore Habeas Corpus in the USA, I got curious as to what nations had that legal provision in its law. I was surprised to discover it doesn't seem to be common.

Anyone can point to a list of nations where Habeas Corpus exists? What's the real importance attributed to it, and what other provisions would replace it in nations that do not allow this legal action?
 
If its not good enough for Lincoln to keep why should any one have it.
 
If its not good enough for Lincoln to keep why should any one have it.

Indeed! Lincoln is clearly god, and clearly every decision he ever made for any reason is self-evidently exactly right simply by virtue of the fact that he is the almighty Lincoln. Historical context? Human error? Any other explanation? NOPE! They're all bunk. Lincoln freed the slaves and restored the union, therefore nothing he ever has said or done should be viewed as anything other than absolute rules that ought to govern all human (and alien, if they exist) interactions for all of eternity.
 
[wiki]Habeas Corpus[/wiki]

Its quicker for me to type it here than on google..
 
I think the scariest part is though that I had no idea that Habeas Corpus was ever removed. And neither did, I bet, most Americans.
 
Habeas Corpus should be sent back to Mexico. He would have never made it into the U.S. if we had a wall.
 
I think the scariest part is though that I had no idea that Habeas Corpus was ever removed. And neither did, I bet, most Americans.
Well, bear in mind that the so-called "news piece" is an Opinion piece from The Nation.
 
Although the opening paragraph regarding the HC vote is factual.
Hmm... First paragraph:
Today the US Senate fell four votes short of restoring Habeas Corpus, the fundamental constitutional right of individuals to challenge government detention, which the Republican Congress revoked in last year's Military Commissions Act.
So, the Military Commissions Act completely negates the right to Habeas Corpus? That's what the terms "restoring" and "revoked" imply. I didn't realize it was that far-reaching.
 
So, the Military Commissions Act completely negates the right to Habeas Corpus? That's what the terms "restoring" and "revoked" imply. I didn't realize it was that far-reaching.
Does the Act revoke HC? Yes. Did an attempt to restore HC fail? Yes. Would the average reader understand the MCA is limited to a certain class of cases? Yes. You are opining in inferences that the average reader isn't dumb enough to make.
 
I do not know how it is anywhere else, but it is in effect in Germany. Article 104 of the Grundgesetz ( "basic law" ) . It is no basic right for itself, but treated similar to one, you can send a petition to the Bundesverfassungsgericht ( "federal constitutional court" ) .
 
I think the scariest part is though that I had no idea that Habeas Corpus was ever removed. And neither did, I bet, most Americans.

oh yes. during wartime, we can't let those pesky civilians know what they're being charged of, can we?
 
I think the scariest part is though that I had no idea that Habeas Corpus was ever removed. And neither did, I bet, most Americans.

Well it wasn't removed for you or I. It was taken away from people outside the US AND who are not US citizens AND are labeled enemy combatants.

Bush did try to get this to include who were US citizens (look up Joseph Padilla SP?). But the Supreme court said no, and Padilla was given a trail and his right of Habeas Corpus.

Who does the US constitution apply too? Just US citizens? Everyone in the US? legal or illegal? Everyone in the world the US "deals" with?

Oh and Joseph Padilla proves that Habeas Corpus is alive and well in the US for US citizens. He was a terrorist that was making war on the US. And was still given a fair trial of his peers in the US. Now it took way too long to get his trial, and Bush really should be impeached for trying to denied a US citizen his rights. But in the end, justice won.
 
Well it wasn't removed for you or I. It was taken away from people outside the US AND who are not US citizens AND are labeled enemy combatants.

Bush did try to get this to include who were US citizens (look up Joseph Padilla SP?). But the Supreme court said no, and Padilla was given a trail and his right of Habeas Corpus.

Who does the US constitution apply too? Just US citizens? Everyone in the US? legal or illegal? Everyone in the world the US "deals" with?

Oh and Joseph Padilla proves that Habeas Corpus is alive and well in the US for US citizens. He was a terrorist that was making war on the US. And was still given a fair trial of his peers in the US. Now it took way too long to get his trial, and Bush really should be impeached for trying to denied a US citizen his rights. But in the end, justice won.

He wasn't given a speedy trial and he was tortured they in itself should be grounds for an successful appeal
 
After reading one news piece about the recent failure to restore Habeas Corpus in the USA, I got curious as to what nations had that legal provision in its law. I was surprised to discover it doesn't seem to be common.

Anyone can point to a list of nations where Habeas Corpus exists? What's the real importance attributed to it, and what other provisions would replace it in nations that do not allow this legal action?
In Spain Habeas Corpus is stated in the Article 17,4 at Part I of the 1978 Constitution and, and since it is in the Part I it is bulletproofed and cannot be removed or modified without 2/3 of the congress+senate plus popular referendum, fortunately. :goodjob:
 
IIRC, Habeus Corpus in England goes right back to King Edward I, aka "Edward the Lawgiver" or good ole "Longshanks". I'm not sure of the date it was introduced, but his reign was 1272 to 1307.

Today, it is being 'stretched' in Britain, thanks to "The War on Terror", a term the British government interestingly stopped using this year. The present 'stretching' of this core right relates to the amount of time an individual can be detained by the state without charge. Currently, one can be detained for up to 28 days without charge.

The last Home Secretary under Tony Blair, John Reid, was a campaigner for pushing this 28 day limit up to 90 days, and some high ranking police officials even called for indefinite detention without charge. When the 90 day proposal was contested in Parliament, in 2005, Tony Blair's government was defeated. Our new Prime Minister, Gordon Brown, also called for an extension, up to 56 days. But this was rejected by The Joint Human Rights Committee on the grounds that there was not enough evidence provided by the government to support their proposal.

These calls to extend the time were of course purportedly to deal with the threat of terrorism and were built upon the Anti-Terror legislation passed by Tony Blair's government. However, just this summer, we saw these powers being used on climate change protesters, who are plainly not terrorists. These protesters were locked up, without charge, signaling to the British people for the first time that anyone is fair game, simply if you call them a terrorist or say they are connected with terrorism. And, without any charges, how can this ever be tested?

---

The right of Habeus Corpus is one of the most, if not the most, fundamental of human rights granted to individuals. It is essential to a citizen's liberty. Without it there is no safeguard against unwarranted, unexplained, and unjustified detention by the state.
 
Funny how I just filed a Motion for Habeas Corpus in a DUI case Monday. Hope the judge doesnt read opinion pieces on Yahoo news and rip me a new one...
 
Ram-

Is this the first the writ has been, um, massaged in the UK? Just wondering if there had been any precedent of changing it around in the past.

Who does the US constitution apply too? Just US citizens? Everyone in the US? legal or illegal? Everyone in the world the US "deals" with?

It applies to the US government, detailing what the government can and cannot do. Unfortunately, the government tends to do those things anyway these days...
 
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