This origin explains why so much controversy erupted in regard to whether the Great Writ
was, indeed, as Edward Jenks famously said, "originally intended not to get people out of prison, but to put them in it" (1902, 65, emphasis in original).
Known as "the Great Writ
," its codification into English
15) The great writ
has recently been employed expansively by Florida courts to cure several injustices.
But the conclusion of the Commission on Wartime Relocation of Japanese Americans--like those denouncing the Alien and Sedition Act or Lincoln's suspension of the great writ
, the Espionage Act prosecutions of political anti-war statements, or the witch hunt for communists and the enactment of various laws aimed at flushing out those with communist beliefs--came far too late to prevent civil liberties from being infringed and caused untold damage to innocent citizens who had been promised the protection of the Constitution, who were entitled to the protection of their lawmakers, and who should have been protected by their last hope, the courts," Judge Barkett said.
Congress' failure to make clear in the Military Commissions Act that detainees could seek the protection of the Great Writ
forces the court to wrestle with the question of whether such an avenue of appeal is offered by the Constitution itself.
Traceable to its inclusion in the Magna Carta of 1215 and frequently termed "The Great Writ
," habeas corpus literally means "you have the body.
2) The Great Writ
is based on the fundamental idea that the judiciary should possess the power to control the executive.
Does the history of the Great Writ
, the "highest remedy in law, for any man that is imprisoned,"(80) really offer such a limited scope of judicial review?