NCJ Number
184691
Date Published
2000
Length
351 pages
Annotation
This book provides a full account of the habeas corpus remedy in Australia, New Zealand, and the South Pacific Commonwealth jurisdictions, with a focus on the practice and procedural elements of the writ of habeas corpus ad subjiciendum.
Abstract
Because habeas corpus is a remedy that seeks to determine whether or not an alleged detention is lawful or unlawful and the answer to this question hinges upon the relevant laws in each case, the book refers to the legal context of the writ in a wider sense. This involves references to statutes that have either enhanced the remedy, such as a Bill of Rights in the New Zealand and Papua New Guinea cases, and relevant constitutional provisions in the Pacific Island States, as well as to those laws that have diminished the remedy, usually because the writ has been supplanted by an statutory alternative or because emergency laws exist that effectively limit the scope of the writ. The book provides an account of the main areas where the writ is now used and offers an explanation for its apparent relative decline. Separate chapters address the application of habeas corpus in the context of bail; the scope of habeas corpus review; habeas corpus and child custody; standing; the grounds of review; territorial limits; habeas corpus and emergencies (martial law, insurrections, war, and states of emergencies); and practice and procedure. Appended Habeas Corpus Bill 1999 (New Zealand), a 324-item bibliography, tables of cases and legislation, and a subject index