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- Title
A CONSTITUTIONAL THEORY OF HABEAS POWER.
- Authors
Kovarsky, Lee
- Abstract
In this article, the author argues that the writ of habeas corpus as mentioned in the U.S. Constitution is largely connected to the discussion of judicial power found in Article III of the Constitution. Focus is given to the requirement that prisoners in federal custody are entitled to habeas process. The author explains how the U.S. Supreme Court case Boumediene v. Bush altered the understanding of habeas process along with the role of the write in English common law.
- Subjects
ENGLAND; UNITED States; HABEAS corpus; UNITED States. Constitution; JUDICIAL power; BOUMEDIENE v. Bush; COMMON law; FEDERAL government; CONSTITUTIONAL law
- Publication
Virginia Law Review, 2013, Vol 99, Issue 4, p753
- ISSN
0042-6601
- Publication type
Article