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In United States law, habeas corpus (/ ˈ h eɪ b i ə s ˈ k ɔːr p ə s /) is a recourse challenging the reasons or conditions of a person's confinement under color of law.A petition for habeas corpus is filed with a court that has jurisdiction over the custodian, and if granted, a writ is issued directing the custodian to bring the confined person before the court for examination into ...
The Habeas Corpus Suspension Act, 12 Stat. 755 (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.
The Constitution was suspended after the bloodless ouster of former Prime Minister Eric Gairy, yet some rights protections were simultaneously enacted under The People's Laws 1979. The declared plans for a Constitutional referendum were not carried out prior to Bishop's assassination in October 1983.
It has been held that public bodies can adopt rules, even by majority vote, that cannot be suspended or amended without a two-thirds vote, but it is also held by the courts that actions, taken in violation of procedural rules of parliamentary law and of adopted rules, are valid nevertheless, since failure to conform to the rules of this class ...
Even though these rights were all created as a result of state referenda approving the state constitution in 1842 and subsequent amendments thereto, these court decisions have held that state ...
Habeas corpus (/ ˈ h eɪ b i ə s ˈ k ɔːr p ə s / ⓘ; from Medieval Latin, lit. ' you should have the body ') [1] is an equitable remedy [2] by which a report can be made to a court alleging the unlawful detention or imprisonment of an individual, and requesting that the court order the individual's custodian (usually a prison official) to bring the prisoner to court, to determine ...
The due process clauses of the Constitution are written in general terms: they apply to all people, in the land of the free. Opinion - Protect your constitutional rights: Don’t fall for the ...
Under Article I, section 9 of the United States Constitution, habeas corpus can be suspended in cases of rebellion or invasion. The Confederacy was rebelling, making the suspension of habeas corpus constitutional. The Constitution, however, does not specify who may suspend habeas corpus — Congress or the president or both.