The Habeas Corpus Act 1679 is an English statute passed during the reign of King Charles II to define and strengthen the ancient prerogative writ of habeas corpus, whereby persons unlawfully detained can be ordered to be produced before a court of law. Royal motto: Dieu et mon droit (French: God and my right) Englands location within the UK Official language English de facto Capital London de facto Largest city London Area - Total Ranked 1st UK 130,395 km² Population - Total (2001) - Density Ranked 1st UK 49,138,831 377/km² Religion... Charles II King of England, Scotland and Ireland Charles II (29 May 1630–6 February 1685) was the King of England, Scotland and Ireland from 30 January 1649 (de jure) or 29 May 1660 (de facto) until his death. ... In common law jurisdictions, habeas corpus, or more precisely habeas corpus ad subjiciendum, is a prerogative writ (judicial mandate) to a prison official ordering that an inmate be brought to the court so it can be determined whether or not that person is imprisoned lawfully and whether or not he...
The Act is often wrongly described as the origin of the writ of habeas corpus, which had been in existence for at least three centuries before. The Act of 1679 followed an earlier act of 1640, which established that the command of the King or the Privy Council was no answer to a petition of habeas corpus. Further Habeas Corpus Acts were passed by the British Parliament in 1803, 1804, 1816 and 1862, but it is the Act of 1679 which is remembered as one of the most important statutes in English constitutional history. Though amended, it remains on the statute book to this day. It can be suspended though in the event of national security. Events December 1 - Portugal regains its independence from Spain and João IV of Portugal becomes king. ... This article concerns the British Sovereigns Privy Council. ... 1803 was a common year starting on Saturday (see link for calendar). ... 1804 was a leap year starting on Sunday (see link for calendar). ... 1816 was a leap year starting on Monday (see link for calendar). ... 1862 - Wikipedia /**/ @import /skins/monobook/IE50Fixes. ...
The text of the Habeas Corpus Act can be found here:
See also: Carta Magna, Petition of Right, Bill of Rights. Magna Carta placed certain checks on the absolute power of the English Monarchs. ... The Petition of Right is a document produced by the English (pre-British) Parliament in the run up to the English Civil War. ... A bill of rights is a statement of certain rights that citizens and/or residents of a free and democratic society have (or ought to have) under the laws of that society. ...
Habeascorpus, for those of you who do not know, it is one of the pillars of all western democratic legal systems.
Blackstone cites the first recorded usage of habeascorpus ad subjiciendum in 1305, during the reign of King Edward I. However, other writs were issued with the same effect as early as the reign of Henry II in the 12th century.
A previous act had been passed in 1640 to overturn a ruling that the command of the King was a sufficient answer to a petition of habeascorpus.
habeascorpus [Lat.,=you should have the body], writ directed by a judge to some person who is detaining another, commanding him to bring the body of the person in his custody at a specified time to a specified place for a specified purpose.
in England, and was formalized in the HabeasCorpusAct of 1679.
President Lincoln suspended habeascorpus in 1861 at the beginning of the Civil War, and his decision was upheld by Congress—despite protests by Chief Justice Roger Taney that such suspension was not within the powers of the President.
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