Author: Anand Swarup ChaudhriPublisher:
ISBN:
Category :
Languages : en
Pages :
Book Description
High Prerogative Writs
Author: Anand Swarup ChaudhriThe Law and Practice of the High Prerogative Writ of Mandamus
Author: Thomas TappingPublisher:
ISBN:
Category : Mandamus
Languages : en
Pages : 562
Book Description
The Law and Practice of the High Prerogative Writ of Mandamus, as it Obtains Both in England, and in Ireland
Author: Thomas TappingPublisher:
ISBN:
Category : Mandamus
Languages : en
Pages : 544
Book Description
Prerogative Writs
Author: Harley R. NottPublisher:
ISBN:
Category : Certiorari
Languages : en
Pages : 70
Book Description
Prerogative Writs and Fundamental Rights
Author: G. C. Venkata SubbaraoPublisher:
ISBN:
Category : Writs
Languages : en
Pages : 344
Book Description
Our Prerogative Writs
Author: Donald Jerome HagelPublisher:
ISBN:
Category : Certiorari
Languages : en
Pages : 80
Book Description
The ABCs of Actions in Lieu of Prerogative Writs
Author: Publisher:
ISBN:
Category : Extraordinary remedies
Languages : en
Pages : 67
Book Description
Prerogative Writs as Constitutional Transfer
Author: Melissa CrouchPublisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
The courts are often a key site in the struggle for the protection and enforcement of constitutional rights and accountability. In this article, I draw attention to an important avenue for both the historical and contemporary study of comparative administrative law: the incorporation of the prerogative writs into written constitutions. I offer a global genealogy of the writs as a colonial common law transfer that took on a new life in written constitutions across former British colonies, particularly across South Asia, including India, Pakistan, Bangladesh, Sri Lanka and Myanmar, as well as parts of Africa, the Pacific and the Caribbean. I illustrate the history, development and variations of this model, transforming from the common law remedies of England to a constitutional means of protecting rights. Through the case of Myanmar, I demonstrate the history of transnational constitutional borrowing and innovation in former British colonies. The importance of the writs lies in their symbolic status as a constitutional remedy and, despite present limitations, comparative experience offers future scope for judicial activism in Myanmar.
Habeas Corpus
Author: Paul D. HallidayPublisher: Harvard University Press
ISBN: 0674064208
Category : History
Languages : en
Pages : 513
Book Description
We call habeas corpus the Great Writ of Liberty. But it was actually a writ of power. In a work based on an unprecedented study of thousands of cases across more than five hundred years, Paul Halliday provides a sweeping revisionist account of the world's most revered legal device. In the decades around 1600, English judges used ideas about royal power to empower themselves to protect the king's subjects. The key was not the prisoner's "right" to "liberty"Ñthese are modern idiomsÑbut the possible wrongs committed by a jailer or anyone who ordered a prisoner detained. This focus on wrongs gave the writ the force necessary to protect ideas about rights as they developed outside of law. This judicial power carried the writ across the world, from Quebec to Bengal. Paradoxically, the representative impulse, most often expressed through legislative action, did more to undermine the writ than anything else. And the need to control imperial subjects would increasingly constrain judges. The imperial experience is thus crucial for making sense of the broader sweep of the writ's history and of English law. Halliday's work informed the 2008 U.S. Supreme Court ruling in Boumediene v. Bush on prisoners in the Guantnamo detention camps. His eagerly anticipated book is certain to be acclaimed the definitive history of habeas corpus.
The Power of Habeas Corpus in America
Author: Anthony GregoryPublisher: Cambridge University Press
ISBN: 1107036437
Category : Law
Languages : en
Pages : 433
Book Description
This book tells the story of habeas corpus from medieval England to modern America, crediting the rocky history to the writ's very nature as a government power. The book weighs in on habeas's historical controversies - addressing the writ's role in the power struggle between the federal government and the states, and the proper scope of federal habeas for state prisoners and for wartime detainees from the Civil War and World War II to the War on Terror.