To What Extent Is The Right Of Habeas Corpus Limited 168324

To what extent is the right of Habeas Corpus Limited in the context of the War on Terror?

Grave human rights abuses caused by the "war on terror" have sparked an increase in human rights litigation. The right of habeas corpus is protected under the American Constitution as it prevents illegal detention. There has been heightened debate on whether enemy combatants and illegal combatants who are likely to pose a threat to public safety are entitled to habeas corpus.

Possessing personal freedom is the most crucial human right. The right to avoid being detained without a court order can never be violated in a civilized society. Freedom from arbitrary arrest and detention is a component of personal liberty (Frande et al., 2022). One of the fundamental protections of personal freedom in English and American law is made possible by the writ of habeas corpus, which shields people against unjustified detention by the government. The government suspends the right to habeas corpus in the fight against terrorism in order to protect public safety.

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A. Historical evolution of Habeas Corpus and its legal protections

The right of habeas corpus dates back to many centuries ago, originating at a time when personal liberty was less valued (Siegert, 2022). The historical development of habeas corpus includes its origins in English law, its evolution during colonial times, and its integration into American constitutional rights. The principle was initially designed to prevent unlawful detention and has been a cornerstone in the legal systems protecting personal freedoms.

B. Justifications for limiting habeas corpus during the War on Terror

The government emphasizes the importance of fighting against enemies to justify suspending habeas corpus in the context of the ongoing war on terror (Hajjar, 2019). The restrictions on habeas corpus are argued to be necessary for national security. Constitutional provisions, such as considerations under the Authorization for Use of Military Force (AUMF), provide a legal basis for such restrictions. The U.S. Supreme Court has upheld certain measures that allow detention without traditional habeas corpus protections under specific circumstances.

C. Safeguards and limits on derogation from habeas corpus rights

The right to habeas corpus is fundamental, and any limitation requires strict safeguards (Frande et al., 2022). Derogations must be directly related to urgent circumstances, such as threats to national security. These measures can only be as broad as necessary to address the threat and must be closely scrutinized both domestically and internationally. The scope of derogation must be proportionate to the seriousness of the threat, and emergency measures should not infringe beyond what is strictly needed.

D. The roles of different branches of government

The executive, judiciary, and legislative branches play distinct roles when it comes to limiting habeas corpus rights in wartime (Khan, 2022). The executive branch, particularly the President and military authorities, often initiate detention measures. The judiciary is tasked with reviewing detention cases and safeguarding judicial review. The legislative branch enacts laws that may codify exceptions to habeas corpus rights, shaping the legal landscape within which these restrictions are applied.

E. Impact on citizens and non-citizens

The constitutional right to habeas corpus extends to both U.S. citizens and non-citizens (Khan, 2022). Derogation implications include potential violations of due process rights for citizens, affecting personal security and liberty. For non-citizens, especially detainees such as enemy combatants, restrictions may lead to indefinite detention and challenges to legal recourse. These limitations raise questions about equality before the law and international human rights obligations.

Conclusion

In the context of the war on terror, the government suspends the right of habeas corpus to ensure public safety. Nonetheless, U.S. citizens primarily rely on the legal protections of habeas corpus to defend their civil rights and liberties. Any deviation from these rights must be as limited as possible, because excessive restrictions threaten to erode democratic principles, weaken the rule of law, and potentially lead to the collapse of democratic societies. Safeguards, transparent legal processes, and respect for human rights are essential when balancing national security interests with civil liberties.

References

• Frande, D., & Yli-Hemminki, E. (2022). Habeas Corpus. In Elgar Encyclopedia of Crime and Criminal Justice. Edward Elgar Publishing.
• Hajjar, L. (2019). The Counterterrorism War Paradigm versus International Humanitarian Law: The Legal Contradictions and Global Consequences of the US “War on Terror”. Law & Social Inquiry, 44(4), 637–660.
• Siegert, C. J. (2022). From the Magna Carta to the MCA: The Development of the Right to Habeas Corpus for Enemy Combatants of the United States. Bellarmine Law Society Review, 12(1), 36–53.
• Khan, B. (2022). Judicial Review of Counter-Terror Legislation: The Jurisprudence of the United States Supreme Court and the Supreme Court of Pakistan. Pakistan Journal of Social Research, 4(4), 25–34.