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The Most Fundamental Legal Right: Habeas Corpus in the Commonwealth
 
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The Most Fundamental Legal Right: Habeas Corpus in the Commonwealth [Hardcover]

David Clark (Author), Gerard McCoy (Author)

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Book Description

July 13, 2000 0198265840 978-0198265849
This collection of essays on habeas corpus throughout the Commonwealth explores the fortunes of the writ and the conditions under which it has either flourished or waned. Drawing on a wide range of commonwealth authorities, and including materials from the colonial period as well as from ex-commonwealth or ex-empire states, the papers in this volume consider the diffusion of the writ, the myths surrounding it, and the uses to which the writ has been put that distinguish the remedy from the English experience.

Editorial Reviews

Review

`a well-written, and thoroughly researched, comparative account of the great writ. a valuable study of many difficult doctrinal conundrums Clark and McCoy take a hard-nosed and pragmatic approach, firmly rooted in the prevailing reality of the operative legal and political culture. Clark and McCoy provide a thorough and lawyerly account of one of the common law's most important contributions to the protection of human freedom. From this perspective the book represents an invaluable resource, providing a thorough and thoughtful guide to the uses and limits of habeas corpus. The book makes a significant contribution to comparative constitutional law' Oxford University Commonwealth Law Journal, Vol. 1, No. 2, Winter 2001

`This collect ion nine studies in the law of personal liberty is ...a work of high quality....The authors have assembled an extremely impressive range of material.' Irish Jurist 35 (2000)

About the Author


David Clark is Associate Professor at the School of Law, Flinders University, Australia

Gerard McCoy QC affiliated to the Law Faculty, University of Canterbury, New Zealand

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