Expert: Joseph Logue - 4/12/2007

Question
I have read two accounts of the history of Habeas Corpus and they seem to conflict with each other.
One says that Habeas Corpus was codified in 1647.
The other says that Habeas Corpus was an article in the Magna Carta.
Would you be able to tell me the correct history of Habeas Corpus in British history?

Thank you for your time.

Francis

Answer
Hello Francis,

The idea of habeas corpus had existed in England from around the beginning of the 14th century (which puts it after Magna Carta in 1215).  It was formally codified by Parliament (of Great Britain) in 1679.  Because England has a system of justice based on common law -- whereby decisions are as much by statute as by precedent -- the concept of habeas corpus is older than the law itself.  But, because England's consitution is unwritten, the precedent has the full force of any law that Parliament might enact.

It is difficult in this day and age to understand fully how precious habeas corpus is, but it is possibly one of the strongest rights those of us who live in nations with systems based on the common law (the US, Australia, New Zealand, most of Canada, et al.) have.  We should cherish it dearly.

Sincerely,

Joseph Logue