The right of habeas corpus in the context of the war on terror Essay

The right of habeas corpus in the context of the war on terror - Essay Example There had been no requirement of producing the body of the person with the cause of detention which never had been the case before. It was only for ordering an officer to produce the defendant and not for the purpose of scrutinizing the cause of detention by the court. There has been a mistaken impression that habeas corpus had been originally for the purpose of bringing people to custody and not to set them free. Actually, it was not for making arrest but to ensure the physical presence of a person to the court on the appointed day. However, the use of habeas corpus was not originally associated with liberty and it was a procedural requirement by which courts used to insist on the presence of the person to decide the matter relating to him. It was only with the enactment of Habeas Corpus Act 1640 that power of detention by the king was removed and abolition of all conciliar courts including Star Chamber was made. It was for the specific purpose of availing the right of habeas corpus by the detained persons requiring the King or Council to produce them before the court without delay and with a statement for reasons of imprisonment. The court was required to pronounce its verdict about the legality of the detention within three days and grant bail, discharge or remand the arrestee as it thought fit. A judge failing in this regard was liable to pay fines and damages to the aggrieved party. As the Habeas Corpus Act 1640 was not effective and the judges were not bold enough to contradict the king’s power of detention, the Habeas Corpus Act was 1679 was enacted. This Act was applicable to only criminal cases. This enactment marked the emergence of writ in its modern form (Zellick, Farbey, Sharpe, & Simon, 2011). Thus, the writ of habeas corpus has been an instrument against the unlimited executive power of detention first in England and then in the United