Habeas Corpus Research Articles

Arrest practice and habeas corpus principle

The legal history of habeas corpus goes back to the period of the 'Golden Bull' issued by King Andrew II of Hungary. In the development of English law, the Magna Carta Libertatum marked the emergence of the principle before that. The essence of the principle is that deprivation of liberty may be pronounced by a person vested with judicial power and that the person concerned must be brought before a judge in order to be heard by the accused before an arrest can be ordered. The judicial order for arrest is also provided for in the Fundamental Law of Hungary. The principle raises a number of questions of law enforcement in domestic court practice, but also in the context of EU cooperation.

The other women's rights movement: ‘Streetwalkers’, habeas corpus and anticarceral activism in New York City, 1830–1860

AbstractThis article reconstructs the earliest known movement for sex workers' rights in US history. It interprets collective assertions of due process as a strategy to overturn vagrancy laws, which permitted municipal officials to summarily commit ‘common prostitutes’ to the penitentiary for months. Mass arrests sparked an anticarceral movement of ‘streetwalkers’ who refused to be contained. Unlike the middle‐class Woman's Rights Movement, which sought equal rights for their own sake, streetwalkers acted to build a world in which they could control their own labour, have sex without punishment and move freely through their city.

Writs and Rights: A Comprehensive Study of Judicial Remedies in India

The Indian Constitution give High Courts the power to issue writs to authorities, directing them to take or avoid from taking activities that are needed by law and the Constitution. Even before independence, several Indian High Courts had some few writs jurisdiction; however, the true extent and berth of this power have only been fully pour by High Courts after the Indian Constitution, which guarantees basic rights, came into effect. All Indian courts are obligated to provide appellate and supervisory jurisdiction over district and subordinate courts within the territories they oversee. This means that high courts may have the most extensive caseload of any court level. Research has indicated that the maximum Due to a combination of a lack of human resources and an inadequate case load, High Courts in India frequently experience delays and backlogs in cases. The community of the court to judge whether legislative acts are constitutional is called as judicial review of legislative acts. Enabling judicial review of State security measures that result in an unauthorized deprivation of an individual's liberty is the primary goal of writ of habeas corpus. Instead, then punishing any officials in charge of their incarceration, the purpose of the writ is to release the individual from unlawful cure. These are the writs that are explicitly mentioned in the Constitution tonight: Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto. All forms of the government apart from dictatorship must have a robust, impartial, and independent judiciary. The judiciary is essential to the interpretation and application of the law in any nation and resolving conflicts that arise between citizens as well as between citizens and the state. When a written constitution is in place, the courts also carry out the expensive duty of conserve the supremacy of the document by explain and distinguish its provisions and check that all authorities endure within it enclose.

Influencia del control de convencionalidad en las Sentencias de Habeas Corpus sobre Prisión Preventiva del Tribunal Constitucional en el Perú, 2016-2019

The objective of the research work was to demonstrate the importance of the application of the principle of conventionality in the motivation of the resolutions issued by the Constitutional Court in the application of Habeas Corpus on Preventive Detention measures.. In the methodological aspect, the general method of analysis and synthesis was used, as well as the special dogmatic method, as techniques were used for data collection, analysis and processing, obtaining the conclusion that said principle of conventionality helps to properly motivate the resolutions. issued by the Tribunal Constitucional and protect the Habeas Corpus of those whose rights have been violated; Thus, it is also concluded that the national doctrine is uniform regarding the application of said principle in the issuance of the resolutions of the magistrates in order to safeguard the rights that require said constitutional guarantee.

A Critical Study of the Writ of Habeas Corpus from Indian Scenario

A Critical Study of the Writ of Habeas Corpus from Indian Scenario

“HABEAS CORPUS” INSTITUTE IN THE NEW CONSTITUTION AND THE "RULE OF MIRANDA” IS A TRUE GUARANTEE OF HUMAN RIGHTS AND FREEDOMS

This article cites the norms of the Habeas Corpus Institute and the Miranda rules in the Constitution ofthe Republic of Uzbekistan, adopted in a new edition. The new version of the Constitution analyzes the definition of the provisions on the institution of Habeas Corpus and the Miranda rule using the example of the legislation of the United States and Turkey, which are considered advanced developed countries.

“You shall have the thought”: habeas cogitationem as a New Legal Remedy to Enforce Freedom of Thinking and Neurorights

Despite its obvious advantages, the disruptive development of neurotechnology can pose risks to fundamental freedoms. In the context of such concerns, proposals have emerged in recent years either to design human rights de novo or to update the existing ones. These new rights in the age of neurotechnology are now widely referred to as “neurorights.” In parallel, there is a considerable amount of ongoing academic work related to updating the right to freedom of thought in order to include the protection of “freedom of thinking” (i.e., freedom of thought itself) and not only its social manifestations. Neurorights such as cognitive liberty, free will, mental freedom, and mental self-determination come into play here. Importantly, freedom of thought has often been considered a prerequisite for all the other fundamental freedoms and rights. In any case, just as other rights require additional legal instruments to guarantee their compliance, substantial neurorights will probably require specific complementary developments in procedural law. In relation to this, there is a long tradition of habeas corpus as an emergency remedy to enforce the rights of a citizen against illegal or arbitrary detention. More recently, the habeas data writ has been proposed and admitted in certain countries to guarantee a person’s ownership of their personal data. In this article, we propose to expand this procedural apparatus by incorporating a third habeas, which we call habeas cogitationem: a writ aimed primarily at enforcing the right to freedom of thinking (and, subsidiarily, the rest of neurorights) against direct, harmful interferences in a person’s thought process by both public and private perpetrators.

Reflections about the animal protection in Colombia

This article seeks to analyze the protection of animals from the different currents of thought that develop the relationship between human beings and sentient beings, such as anthropocentric, biocentric and other visions that seek recognition of the rights of animals. animals. From the immersion of these visions, some jurisprudential discussions will be exposed that intend to open the borders of the constitutional mechanisms established in the Political Constitution of 1991, such as the unconstitutional public action, tutelage action, popular action and habeas corpus, which from the judicial decision will seek to promote a constitutional debate in progress to gradually guarantee the recognition of animals in the Law as subjects of special protection.

The penitentiary system in Ecuador in relation to the right to personal integrity

The Ecuadorian prison system aims to generate the space and means for people who have committed an unlawful act to comply with the sanctions imposed by the judicial authority, where their fundamental and specific rights must be respected for this group of priority attention, with emphasis on the right to personal integrity, which is composed of the physical, psychological, moral and sexual aspects, which, ultimately, make up human dignity and well-being. This article was carried out using the hermeneutic method through a documentary analysis, therefore, it worked from a qualitative approach. The purpose is to analyze and evaluate the effectiveness of the protection of the rights of persons deprived of liberty, with emphasis on the right to personal integrity, in the light of the penitentiary system, which presents a series of challenges, as well as its international regulation. It is clear that the constitution recognizes specific rights for inmates, which are complemented by principles for their application, institutions for their protection, disciplinary regulations in the centers and jurisdictional guarantees such as Habeas Corpus for their protection, including a corrective approach to the execution of the sentence.

Compensation To Victim Under The Indian Constitution And Other Indian Laws

The State has a legitimate commitment to keep up with the rule of law in the public arena. The State's main obligation is to advance harmony and thriving, maintain law and order and request, and guarantee that everybody approaches equity. In a Government assistance express, every resident is supposed to approach their essential common freedoms. At the point when these freedoms are disregarded, whether using financial hardship, chronicled segregation, or encroachment of common, political, and monetary privileges, the State's regulatory and legal Fundamental Rights are working to give a viable strategy to change. Common freedoms in Fundamental Right sanctions can in some cases be at the premise of society’s brokenness, bringing about a rule of peace and law issue. Whenever a resident is injured, harmed, or even killed because of a crime, the person in question is alluded to as a "casualty." Pecuniary remuneration is a judicially recognized and upheld strategy for authorizing and justifying individual freedoms by official courtrooms to serve the legal privileges of survivors of wrongdoings, offences, and basic liberties in infringement. The reason for regulation in real life, civil rights, has additionally been found as a brilliant string in the Indian Constitution. Equity is the indication of truth. The standards of cultural steadiness and the relationship between freedom, fairness, clique, and innate pride are the mainstays of equity. The Habeas Corpus Writ has a useful majority in the time of basic liberties information, and this capacity puts the Constitution's respect for human tolerability and pride to the test. The Supreme Court of India laid out repaying law by using the powers given under Article 32 of the Indian Constitution of India. Due to an expansion in occurrences of political turmoil, custodial torment, police wilderness, illicit detainments, monstrosities against ladies, threats in correctional facilities.

The Prerogative Writs of Habeas Corpus and Quo Warranto under the Pakistani Legal System: A Critical Overview

The Prerogative Writs of Habeas Corpus and Quo Warranto under the Pakistani Legal System: A Critical Overview

On the Role of Habeas Corpus in Domestic Violence Cases

On the Role of Habeas Corpus in Domestic Violence Cases

The Writ of Habeas Corpus after Cone v. State

The Writ of Habeas Corpus after Cone v. State

Chinese Women and Habeas Corpus Hearings in California, 1857–1882

Abstract: This article examines how Chinese women and men used habeas corpus proceedings in California to contest transpacific relations of gender, commerce, law, and power. The first section looks at habeas hearings about runaway or allegedly kidnapped Chinese women already in the United States. The second chronicles how these hearings correlated with and diverged from the habeas proceedings involving the detention of Chinese women immigrants upon arrival. The California judges' approach to these cases mirrored Congress's concern over "the enormous diversity of domestic arrangements" in slavery by the end of the Civil War, when lawmakers introduced monogamous marriage and dependency on a male head of household as the most acceptable conditions for a nonwhite woman's freedom. The habeas proceedings concerning Chinese women thus revealed a Pacific, subnational practice of governance that was consonant with the national trend of reconstructing nonwhite women's sociolegal status in the Civil War era.

Transpacific Connections in the Civil War Era

Abstract: This essay introduces the special forum on transpacific connections in the Civil War era. The forum investigates how US interaction with Asia and the Pacific shaped race relations, gender ideology, diplomacy, and legal rights in the United States during the second half of the nineteenth century. By examining the first Japanese diplomatic mission to the United States, the experience of Black migrants in Japan, Chinese women's habeas corpus litigations, and the naturalized citizenship of Chinese Americans, the forum integrates Asia and the Pacific into Civil War–era scholarship. Conceptually, the forum is informed by three strands of historiography: the international history of the Civil War era, the American West during the Civil War era, and the history of the Pacific World.

Effectiveness of Habeas Corpus in cases of non-consensual detentions in addiction rehabilitation centers in Ecuador

Habeas corpus, originally designed to safeguard the right to physical freedom of individuals, extends to situations of detention that may be unjust, arbitrary or illegal. This study investigated its effectiveness in cases of non-consensual detentions in addiction rehabilitation clinics in Ecuador. Through an exhaustive review of court records collected between 2018 and 2023, and interviews with legal experts, it was found that more than 60 % of habeas corpus requests resulted in the release of detainees, while the remainder were denied due to deficiencies. procedural or lack of sufficient evidence. The legal professionals interviewed agree that habeas corpus is effective in protecting individual freedom, but its application varies depending on rigorous compliance with legal procedures and institutional supervision in clinics. It is recommended to improve judicial training in human rights and strengthen the supervision and regulation mechanisms in these centers. This study provides a substantial foundation for future research and policy aimed at improving human rights protection and equitable access to justice in addiction contexts.

Enforcement of Preventive Detention Law in Manipur

The preventive detention laws have been invoked and used vigorously to detain members of outlawed organizations in the insurgency affected state of Manipur for the last many years. It is well settled that the detention of a person under the preventive detention laws is not to punish him for something he has done but to prevent him from doing it. Since the detention is made on the basis of subjective satisfaction of executive, the preventive detention laws are being extensively abused and misused, especially in the NE state of Manipur. In the catena of cases decided by the constitutional courts of India held that if the detaining authority is aware of the fact that the detenu is in custody and the detaining authority is reasonably satisfied with cogent materials that there is likelihood of his release and in view of his antecedent activities he must be again detained so as to prevent him from indulging in such prejudicial activities, the detention order can validly be made. It is pertinent that the order of detention of a person shall, obviously deprive of his cherished rights and freedoms; henceforth, the laws pertaining to preventive detention need to be meticulously invoked and followed substantively and procedurally by the concerned authority. The paper also examines the recent trends of the High Court of Manipur in issuing the writ of habeas corpus against the misuse of preventive detention laws by executive authorities in the state of Manipur.

Habeas Corpus? Cultural Keywords, Statistical Keywords, and the Role of a Corpus in their Identification

Habeas Corpus? Cultural Keywords, Statistical Keywords, and the Role of a Corpus in their Identification

Legal Personhood for Animals: Has Science Made Its Case?

The use of Latin in identifying an organism's genus and species is likely familiar to scientists and zoological professionals, but a traditional legal doctrine, known as habeas corpus (meaning "you have the body") may not have obvious applicability to nonhumans in the animal kingdom. In recent years, animal rights organizations have utilized the habeas corpus doctrine as a basis to bring legal challenges on behalf of nonhuman animals to expand "legal personhood" to them. These lawsuits, which have focused on species such as nonhuman primates and elephants, seek to challenge the "confinement" of animals in zoological institutions and by private owners, much like a prisoner or other detainee. The small but vocal animal legal personhood movement bases its argument on the fact that elephants and nonhuman primates are highly sentient and have complex cognitive characteristics. Proponents of legal personhood for animals have argued that the common law has progressed and expanded over the years as societal norms and conditions have changed and, much like the law has expanded to afford women and persons of color legal rights and protections, so should the law expand to treat animals the same as humans. Despite these efforts, to date, no court in the United States has accepted this invitation. This article summarizes key legal challenges and decisions to date in the United States, examines how science and societal conditions have influenced the law, and analyzes the reasons why legal personhood for animals so far has been viewed as a "bridge too far" in the American legal system.

Pretrial In Indonesian Criminal Law

The law is a collection of rules that must be obeyed by all people in a society with the threat of having to compensate for losses or get criminal if they violate or ignore these rules, so that an orderly and fair life in that society can be achieved. The conception that embodies that Indonesia is a state of law basically has joints that are universal, such as the recognition and protection of human rights, the legality of the actions of the state or government in the sense of a legally accountable state apparatus, and the guarantee of Free Justice. The type of writing used by the author is juridical normative (legal research) juridical normative research is carried out by examining various rules of law that have a formal nature, namely laws, regulations and literature that contain theoretical concepts that are then connected to the problems that the author will discuss in this dissertation research. Pretrial as part of the criminal justice system in force in Indonesia is an effort to combat crimes that are penal by using criminal law as the main means of material criminal law and formal criminal law. Pretrial as part of law enforcement, as stated by Barda Nawawi Arief that the problem of law enforcement, both in abstracto and in concreto is an actual problem that has recently received a sharp spotlight from the public. As is the case with the implementation of pretrial which is part of a principle of the rule of law which is that a rule of law has various criteria and elements.Based on the foregoing, the philosophical basis of the pre-trial arrangement in Indonesian criminal law is based on the existence of human rights, namely because Indonesia is a state of law based on Pancasila and recognizes human rights. The idea of a pretrial institution was born from inspiration derived from Habeas Corpus in the Anglo Saxon judiciary, which provided a fundamental guarantee to the human being of the right to independence.