Quo Vadis, Habeas Corpus?

The Great Writ of habeas corpus, historically recognized as fundamental to protecting personal liberty against arbitrary government detention, has been reduced in American jurisprudence to a procedural quagmire. Robertson traces the evolution of habeas corpus from Magna Carta through English law to contemporary American practice, examining how the writ has become increasingly circumscribed. The article demonstrates that habeas corpus served for three hundred years as a reliable barometer for measuring changes in the atmosphere of liberty and distribution of power among governmental branches. Through historical analysis, Robertson illustrates how the writ evolved from a medieval instrument compelling prisoner releases into a sophisticated protection against arbitrary government. The author argues that modern American habeas doctrine has reduced the Great Writ to a procedural mechanism for jailhouse lawyers, becoming something of a nuisance. Robertson contends that Congress's jurisdiction-stripping provisions, particularly regarding detainees at Guantanamo Bay, represent a dangerous departure from habeas's fundamental protections.

Topics: Criminal Procedure · Constitutional Law

Keywords: habeas corpus · Magna Carta · arbitrary detention · judicial review · federal courts · presidential power · Great Writ