Habeas corpus is both a powerful government tool to compel a detainee in the judicial process and perhaps the most revered libertarian check against government power in the Anglo-American tradition. The Great Writ, as it has been called, has been an imperfect remedy against tyrannical imprisonment, one badly in need of a justifying principle.
The Tissue of Structure
Habeas Corpus and the Great Writs Paradox of Power and Liberty
By Anthony Gregory
This
article
appeared in
the Summer 2011 issue of The Independent Review.
Other Independent Review articles by Anthony Gregory | |
Fall 2014 | Rise of the Warrior Cop: The Militarization of Americas Police Forces |
Fall 2012 | Understanding the U.S. Torture State |
Summer 2011 | The Struggle to Limit Government |