Which of the following provides for the right of Habeas Corpus? The U.S. Declaration of Independence The English Bill of Rights The Magna Carta The Rule of Law
ok the only one that makes laws is the english bill of rights
Arguments have been made that it's in the Magna Carta, since there is a clause that states no freeman shall be punished except by the rule of law. This is sort of similar, although I think the historical origin of habeaus corpus is the right of the monarch to demand of his officers an accounting for their actions -- that is, the king could demand of some sheriff or other, holding a prisoner, that the sheriff present both himself and the prisoner before the king and explain why the imprisonment was legal. If the king decided it was not, the prisoner was released from custody forthwith. The "habeas corpus" (Latin for you have the body, roughly) is from the language of the demand, which specifies that the receiving officer must present both himself and his prisoner, in person.
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