habeas corpus

/'heibjəs'kɔ:pəs/
Học thuật
Thân thiện
Definition
  1. Noun:
    • A legal principle against unlawful detention: "Habeas corpus" refers to the fundamental civil right that protects individuals from being held in custody without sufficient legal cause or due process. It is a cornerstone of liberty in common law systems.
    • A specific court order: More concretely, "habeas corpus" is a writ (a formal written order) issued by a court or judge commanding that a prisoner be brought before the court to determine if their detention is lawful.
Usage and Examples

  • Referring to the legal right:

    • The right of habeas corpus is a crucial safeguard against arbitrary state power.
    • Suspending habeas corpus during a national emergency is a highly controversial act.

  • Referring to the writ itself:

    • The lawyer filed a petition for a writ of habeas corpus to challenge her client's detention.
    • The judge granted the habeas corpus, ordering the authorities to produce the prisoner in court.
Advanced Usage

  • "Habeas corpus ad subjiciendum": This is the full Latin name for the most common form of the writ, meaning "you shall have the body to be subjected to (examination)." It emphasizes the court's power to review the legality of detention.

    • The defense relied on the principle of habeas corpus ad subjiciendum.

  • "Suspension of habeas corpus": A temporary removal of this right, typically by a legislative body during a time of rebellion or invasion when public safety requires it.

    • The act allowed for the suspension of habeas corpus in the war zone.
Variants and Related Words
  • Writ of habeas corpus: This is a common, more descriptive phrase for the court order itself. It is often used interchangeably with "habeas corpus" in legal contexts.
    • They sought a writ of habeas corpus from the appellate court.
Synonyms
  • Writ of liberty: A less common synonym emphasizing the writ's role in securing personal freedom.
  • Remedy against unlawful detention: A descriptive phrase for the legal action.
Related Legal Terms and Phrases

  • "Produce the body": The core demand of the writ; a translation of the Latin "habeas corpus."

    • The habeas corpus petition demanded the warden produce the body of the detainee.

  • "Great Writ": A historical and respectful nickname for habeas corpus, underscoring its importance in legal history.

    • Scholars refer to habeas corpus as the "Great Writ" of liberty.
Noun
  1. the civil right to obtain a writ of habeas corpus as protection against illegal imprisonment
  2. a writ ordering a prisoner to be brought before a judge

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