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The Law of Habeas Corpus


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Table of Contents

1: Historical Aspects of Habeas Corpus 2: Scope of Review 3: Consideration of Questions of Fact 4: Habeas Corpus, Fundamental Rights, and the Executive 5: Habeas Corpus in Immigration Law 6: Habeas Corpus in Criminal Law 7: Review of Detention in Cases of Mental Disorder 8: Problems of Restraint and Time 9: Territorial Ambit of Habeas Corpus 10: Appeals, Successive Applications, and Rearrest 11: Aspects of Practice 12: Appeals Part V: Aspects of Practice 13: Aspects of Practice

About the Author

Judith Farbey QC is a Barrister of Doughty St. Chambers. The Hon. Mr Justice R. J. Sharpe is a Judge of the Ontario Court of Appeal. Simon Atrill is a Barrister of Fountain Court Chambers.


`Review from previous edition 'Dr Sharpe has in effect rescued habeas corpus from its historical associations by successfully blending past and present in his analysis of the most famous of remedies in English law.'' The Cambridge Law Journal `'It is a complete exposition of the law of habeas corpus...it should be on the shelves of every lawyer professing an interest in the liberty of the subject.'' Modern Law Review `'Dr Sharpe's scholarly monograph fills an important gap in the modern literature of English public law.'' The Law Quarterly Review Meticulously footnoted throughout with extensive tables of cases, national legislation, secondary legislation, as well as treaties and conventions (on both sides of the Atlantic) plus a great index, it points the way to literally hundreds of avenues for further research on the evolution and vulnerability of this fundamental right

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