As Cary Federman has written in The Body and the State: Habeas Corpus and American Jurisprudence, the fundamental questions raised by habeas corpus pertain just as much to the way in which people perceive and discuss legal reality as to the way legal business is conducted: "The writ reveals a breach, not just institutionally but also in language.
Federman elaborates on the discursive themes involved in habeas corpus and reemphasizes the important principle of empowering the least empowered--the prisoner, with all the weight of the state against him--to take the state's mechanisms for his own interest and redirect them back against the state: "Habeas corpus .
The discursive value of habeas corpus in causing a revolution in thinking about legal affairs also has potential disadvantages.
Perhaps the most important case affecting modern detainee habeas corpus actions is Johnson v.
53) Consequently, the only statutory authority for the president to detain someone without charge, short of suspending the writ of habeas corpus, (54) is gleaned through executive interpretation of congressional acts.
60) The DTA stripped the federal courts of jurisdiction to hear habeas corpus actions brought by Guantanamo detainees, as well as any other action brought by a detainee or former detainee in which the United States was a defendant.
20) A final draft, still without a habeas corpus provision, was submitted for consideration at the Bogota Conference.
The Commission has commented on the underlying purpose of the habeas corpus guarantee in Article XXV, stating that it "cannot overemphasize the significance of ensuring effective supervisory control over detention as an effective safeguard.
Section 2241 broadly confers jurisdiction over a habeas corpus action by any person who claims to be held 'in custody in violation of the Constitution or laws or treaties of the United States.
Assuming that is correct, the indeterminate interplay between the constitutional and statutory guarantees of habeas corpus under our precedents permits Petitioner to argue that the manner in which MCA 5[section] (a) affects [section]2241 proceedings implicates the Suspension Clause.
Obviamente no es posible presentar aqui la totalidad del informe final (15) que dio lugar al presente articulo, por eso podria extranarse un recuento del devenir del habeas corpus y de la accion de tutela en la legislacion colombiana.
HABEAS CORPUS Y ACCION DE TUTELA: COMPLEMENTARIEDAD RESIGNADA