A writ of habeas corpus safeguard individual freedom by serves as a procedural device, in which executive, judicial, or other governmental restraints on personal liberty are subjected to judicial scrutiny.
Further explanation
A writ of Habeas corpus (which literally means "produce the body") is a fundamental right in the Constitution that protects against unlawful and indefinite imprisonment. Habeas corpus has historically been an important instrument to safeguard individual freedom against arbitrary executive power.
The U.S. Supreme Court recognized the "writ of habeas corpus is the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action". As a fundamental instrument for safeguarding individual’s freedom against arbitrary and lawless state action, the writ of habeas corpus serves as a procedural device, in which executive, judicial, or other governmental restraints on personal liberty are subjected to judicial scrutiny.
The right to petition for a writ of habeas corpus has nonetheless long been celebrated as the most efficient safeguard of the liberty of the subject. The jurist Albert Venn Dicey wrote that the British Habeas Corpus Acts "declare no principle and define no rights, but they are for practical purposes worth a hundred constitutional articles guaranteeing individual liberty".
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Grade: 9
Subject: history
Chapter: Writ of Habeas Corpus
Keywords: Writ of Habeas Corpus