Another compelling argument that ultimately granted the petitioners to their right to exercise the writ of habeas corpus was the Supreme Court's recognition that the Bush Administration's "war on terror" has been a millennium-old conflict in human history -- a conflict between believers of Islam and Christianity. To suspend the writ of habeas corpus based on this kind of "war on terror" would be simply denying the detainees of their rights, as it would probably take centuries still for this "war" to end, if it will ever end at all. Thus, recognizing that the "war on terror" is a war that has been ongoing for centuries, the petitioners are then given the right to have their cases reviewed and they be tried in judicial courts (p. 205).
III. The Executive Perspective: The Bush Administration's "War on Terror"
The suspension of the writ of habeas corpus in Guantanamo also brings into question the extent or reach of the executive power in mandating the Guantanamo scenario (detainees not covered by the U.S. Constitution and Geneva Conventions). As the Bush Administration had demonstrated, it successfully expanded its reach to influence the Congress and the Judiciary (at least up to the district level) in recognizing and adhering to military laws and regulations instituted in Guantanamo.
The Bush Administration's "war on terror" and the Guantanamo situation have blurred specific laws in the U.S. Constitution, particularly those pertaining to the writ of habeas corpus. "Guantanamo habeas cases," as these cases petitioning for recognition and entitlement of the writ of habeas corpus, have been reviewed primarily based on "preponderance of evidence" standard." Ultimately, this standard was...
Civil Liberties, Habeas Corpus, War Terror subtopics: Explain historical evolution habeas corpus, including English American traditions. The explanation evolution American tradition include general meaning habeas corpus U. Habeas Corpus The principle of habeas corpus promotes the idea that a person needs to be brought before a court in order for him or her to be judged before he or she is provided with a sentence. Habeas corpus is Latin for "that you
Habeas Corpus and War on Terror For many people in the United States, habeas corpus is the foundation stone of the country's legal system. The concept is the principal constitutional check on subjective government power by allowing an arrested individual to challenge the legitimacy of his/her detention. However, this foundation of the legal system has emerged more as a tool of politics as it is of law, especially with regards to
Habeas Corpus: In addition to being borrowed from a Latin word, Habeas Corpus is a term associated with an important right given to individuals in the United States. Generally, a writ of habeas corpus is a legal mandate that requires a prisoner to be presented before court to ascertain whether the government has the power to continue detaining him/her. In order for the writ to be applicable the detained individual or
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habeas corpus U.S. Constitution relationship protection civil liberties. 2-The historical evolution habeas corpus, including English American traditions. The writ of habeas corpus is one of the fundamental rights that a person detained is given. This writ of habeas corpus demands that a person detained by the authorities has the right to be brought before the court so that the basis for such detention can be established. A suspect irrespective of
Controversial President Lincoln Abraham Lincoln lived during very controversial times. Moreover, he was elected president in an age in which the very foundation of American social and political life was fraught with controversy. Therefore, it is not surprising that Lincoln's presidency was filled with the sort of controversy that typified the age in which he lived. In fact, many of the more controversial aspects of Lincoln's presidency had widely escape
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