Habeas Corpus in International Law
Habeas Corpus in International Law
Habeas Corpus in International Law is the first comprehensive examination of this subject. It looks at the location, scope, and significance of the right to a judicial determination of the legality of one's detention as guaranteed by international and regional human rights instruments. First, it examines the history of habeas corpus and its place in human rights treaties, providing a useful resource for understanding the status and application of this internationally-protected right. The book continues by identifying and analyzing the primary challenges to habeas corpus, in particular its applicability during armed conflict, the possibility of derogation, and its extraterritorial application and procedural shortcomings. The book next addresses the significance of habeas corpus guarantees not just in protecting personal liberty, but in promoting the international rule of law by serving as a unique check on executive action. Finally, it offers suggestions on how this right might be strengthened.
- Provides the first comprehensive look at the right to habeas corpus in international law, giving readers a single resource that compiles the relevant law, and its potential shortcomings
- Looks at the history of habeas corpus in the context of its development into an international right which helps the reader in understanding and implementing the right today
- Presents an analysis of the challenges to habeas corpus based on current law and shows how some states have attempted to limit the scope and effectiveness of the right
Reviews & endorsements
'In Habeas Corpus in International Law, Farrell thoroughly reviews the writ of habeas corpus from its origins to its current standard as an international legal bellwether. … Farrell addresses these issues of interaction by examining several areas, including the role of habeas corpus in armed conflict, territorial limits, and procedural concerns in the current war on terror.' W. R. Pruitt, CHOICE
Product details
November 2016Hardback
9781107151772
280 pages
229 × 152 × 18 mm
0.6kg
Available
Table of Contents
- Introduction
- 1. The development of habeas corpus in English law
- 2. The Universal Declaration of Human Rights
- 3. The International Covenant on Civil and Political Rights
- 4. Habeas corpus and regional human rights systems
- 5. Challenges to the effectiveness of habeas corpus
- 6. The importance of effective international habeas corpus guarantees
- 7. Strengthening habeas corpus in international law
- Conclusion.
