Habeas Corpus Writ of Liberty: English and American Origins and Development

Prof. Walker’s classic monographs on Habeas Corpus ad subjiciendum, long out-of-print, are available again in this book which reprints the English monograph, and edits the American to make it relevant to current legal problems arising from the spread of radical fundamentalism and terrorism. Since their publication in 1960-61, both monographs have been cited in court decisions, litigant, and amici briefs. The first such use was by J.Brennan in Fay v. Noia, 372 US 391 (1963), the most recent amici use was in the terrorist case Rumsfeld v. Jose Padilla, 542 US 426 (2004), an important case discussed in the last section of the book. Dr. Walker’s readable narrative spans the Writ’s history from the 12th to the 21st centuries. His analysis makes clear that the contest between royal and/or presidential power and an individual’s liberty has been, and continues to be, a central theme of Anglo-American constitutional development - especially manifest in revolutionary times such as our own.