How does a writ of habeas corpus safeguard individual freedom?

A writ of habeas corpus safeguard individual freedom by serves as a procedural device, in which executive, judicial, or other governmental restraints on personal liberty are subjected to judicial scrutiny.

A writ of Habeas corpus (which literally means "produce the body") is a fundamental right in the Constitution that protects against unlawful and indefinite imprisonment. Habeas corpus has historically been an important instrument to safeguard individual freedom against arbitrary executive power.

The U.S. Supreme Court recognized the "writ of habeas corpus is the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action". As a fundamental instrument for safeguarding individual’s freedom against arbitrary and lawless state action, the writ of habeas corpus serves as a procedural device, in which executive, judicial, or other governmental restraints on personal liberty are subjected to judicial scrutiny.

The right to petition for a writ of habeas corpus has nonetheless long been celebrated as the most efficient safeguard of the liberty of the subject. The jurist Albert Venn Dicey wrote that the British Habeas Corpus Acts "declare no principle and define no rights, but they are for practical purposes worth a hundred constitutional articles guaranteeing individual liberty".

Grade:  9

Subject:  history

Chapter:  Writ of Habeas Corpus

Keywords:  Writ of Habeas Corpus

The Writ of Habeas corpus allows the accused to request the trial by Jury and safeguards one’s individual freedom. If someone is accused of any crime then under this act he/she has full right to defend themselves in the court of law.  

Further Explanation:

Habeas Corpus is a fundamental right given in the constitution of United States of America which protects individual against any unlawful or indefinite imprisonment. It has always been an important instrument to safeguard individual freedom against luxury of power. There was a stand-off between military and government with respect to Habeas Corpus as many people used to immune themselves using this right in order to save themselves from military investigation. President Bush asked Congress to pass a legislation that would make military trials legal and in order to counter the theory of immunity themselves using Habeas corpus and which they did by passing Military Commission act in 2006 before elections. Habeas Corpus give right to the person who is detained by the authorities or government to challenge his/her detention in the court of law that why detention or arrest is unlawful and if he proves that then he has to be released by those authorities. Habeas Corpus has always been celebrated as the most efficient way to safeguard one’s liberty and right. There have been many cases in the history, where a person who is detained by the government is found non-Guilty and questions against his detention are asked from the authorities as of why they detained that individual. Habeas Corpus is one such fundamental right which safeguards Individual freedom and rights.  

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Answer details:

Grade:High School

Subject: Constitution

Chapter:Rights of People

Keywords:

Habeas Corpus, Rights of People, United States, Gorge Bush, Nun Guilty, Guilty, Fundamental Right, Detention, Supreme Court, Authority, Government.

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