Sunday, August 25, 2019

Civil Liberties, Habeas Corpus, and the War on Terror Essay - 2

Civil Liberties, Habeas Corpus, and the War on Terror - Essay Example The work that follows discusses the right of habeas corpus in the war on terror and its historical evolution. Historical Evolution of habeas corpus According to English tradition, habeas corpus fought for liberty of citizens after English land owners forced it on King John in their constitutional document named Magna Charta (Halliday, 2010). The constitutional document declared that no seizure, imprisonment, exile or injury shall occur on anyone except by lawful judgment by the law of the land. In other words everyone had a right to freedom unless they pass through due law process. The common-law courts became the first to use habeas corpus in the thirteenth and fourteenth centuries competing with feudal courts, which local land owners controlled (King & Hoffmann, 2011:). These feudal courts had no consistency in their procedures, and the common-law courts began issuing orders demanding release of prisoners in the feudal courts. According to the U.S tradition, Americans believed habe as corpus as a weapon used to defend an individual’s liberty, and planned to protect it from suspension in times of peace through inclusion of a provision in Article I of their constitution (King & Hoffmann, 2011:). ... ?s war against terrorism, habeas corpus checks abuse of government power on alleged terrorists or suspected aliens or criminals to ensure protection of individuals’ liberty. Examples from U.S. history of the suspension of habeas corpus and their applicability to the present There are several examples of suspension of habeas corpus in the United States history, which are in application at present. An example of habeas corpus suspension is during the reign of Abraham Lincoln. Although authorizing order of the suspension took place in the year 1861, the suspension took place in March 1863 (Dueholm, 2008). The orders given stated that, first, throughout the war period, any person committing a disloyal practice or giving aid to rebels against the U.S authority would be liable to punishment by military commission or courts martial. Secondly, the orders stated that the suspension of habeas corpus was in respect to all persons arrested in places confined by military commission or auth ority. As Article I in the U. S constitution stated, the government had authority to suspend the writ of habeas corpus incase there is risk of security, and when the public safety requires it. Lincoln got authority to suspend habeas corpus after Congress passed an act, two years to the war (Dueholm, 2008). According to the article, the president had executive power vested in them, which gave authority to conduct any changes in the government. The suspension of habeas corpus still applies at present, as the president still has powers to execute changes in the government. Another example in U. S history is seen when Bush signed a law in October 2006 that suspended the rights of habeas corpus to persons whom United States considered an enemy in the war against terror (Longley, 2013). However, this

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.