This dissertation is the first comprehensive work on the historical development of habeas corpus as it originated in England, adopted in USA during the colonial era, and finally emerged as the most powerful writ in the American Jurisprudence The origin of this most celebrated common law writ is clouded with obscurity and explained only through conjectures by the legal historians. The author, who was awarded an LL.M. degree in England on the basis of his thesis on the history of English Habeas Corpus, is presenting his thoughts after substantial further research in the USA and traces in the first chapter the possible origin of this writ in the light of his new theory of administrative momentum The second chapter explains the role of habeas corpus in the American Jurisprudence. Early settlers adopted their own jurisprudence and did not generally support the English common Law. It is established by a plethora of authorities that the origins of the American jurisprudence was not common law and habeas corpus did not appear on this side of the Atlantic as a part of the English Common Law. Contrary to the popular opinions, it was habeas corpus that facilitated the partial reception of the common law and not vice versa The next two chapters deal with the adoption of habeas corpus by the states and the clause against suspension of habeas corpus in the US constitution. The author traces with precision the history of the sensational use of the writ for recovery of the slaves by their masters, the subsequent development of the abolitionists' campaign in the North, diametrically opposite interpretation of the writ by the southern courts from that of the northern courts During the Civil War, when habeas corpus was suspended by Abraham Lincoln, the question arose as to whether the president could derive such power from the suspension clause of the US constitution. The interpretation of the clause by the judiciary, executive, and the legislature was not uniform and the judiciary came in conflict with the President. A close study of the US constitutional history reveals that the patriotic move by the president was unconstitutional The fifth chapter deals with the jurisdictional dimensions of the federal habeas corpus. . . . (Author's abstract exceeds stipulated maximum length. Discontinued here with permission of author.) UMI / acase@tulane.edu
| Identifer | oai:union.ndltd.org:TULANE/oai:http://digitallibrary.tulane.edu/:tulane_23535 |
| Date | January 1980 |
| Contributors | Mian, Badshah Khan (Author) |
| Publisher | Tulane University |
| Source Sets | Tulane University |
| Language | English |
| Detected Language | English |
| Rights | Access requires a license to the Dissertations and Theses (ProQuest) database., Copyright is in accordance with U.S. Copyright law |
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