Habeas Corpus and War on Terror
For many people in the United States, habeas corpus is the foundation stone of the country's legal system. The concept is the principal constitutional check on subjective government power by allowing an arrested individual to challenge the legitimacy of his/her detention. However, this foundation of the legal system has emerged more as a tool of politics as it is of law, especially with regards to the global war on terror. A writ of habeas corpus is defined as the demand by a court that a governmental agency produces an offender and show that they have proper grounds on which to detain him/her. Habeas corpus is commonly known as the Great Writ because it's the mechanism that is used to liberty as mentioned in the U.S. Declaration of Independence i.e. The right not to be detained arbitrarily.
Writ of Habeas Corpus in the U.S. Constitution:...
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