A “Second Magna Carta”: the English Habeas Corpus Act and the Statutory Origins of the Habeas Privilege
\\jciprod01\productn\N\NDL\91-5\NDL507.txt unknown Seq: 1 29-AUG-16 16:02 A “SECOND MAGNA CARTA”: THE ENGLISH HABEAS CORPUS ACT AND THE STATUTORY ORIGINS OF THE HABEAS PRIVILEGE Amanda L. Tyler* “[I]f any person be restrained of his liberty . [,] he shall, upon demand of his coun[sel], have a writ of habeas corpus . And by . the habeas corpus act, the methods of obtaining this writ are so plainly pointed out and enforced, that, so long as this statute remains unimpeached, no subject of England can be long detained in prison, except in those cases in which the law requires and justifies such detainer.” –Blackstone’s Commentaries1 © 2016 Amanda L. Tyler. Individuals and nonprofit institutions may reproduce and distribute copies of this Article in any format at or below cost, for educational purposes, so long as each copy identifies the author, provides a citation to the Notre Dame Law Review, and includes this provision in the copyright notice. * Professor of Law, University of California Berkeley School of Law. I dedicate this Article to the memory of my brilliant federal courts professor, Daniel Meltzer, who inspired me at every turn and was an extraordinary scholar and teacher, generous mentor, and wonderful friend. In working on this project, I have benefited enormously from the comments and suggestions of participants to whom I presented earlier versions of this work at the Cornell University Law School Constitutional Law and Theory Colloquium, the Stanford Law School Faculty Workshop, the University of California Berkeley School of Law Public Law and Policy Workshop, the Oxford University Law Faculty Legal History Forum, the London School of Economics Legal and Political Theory Seminar, and the Columbia University School of Law Courts and Legal Process Workshop.
[Show full text]