HABEAS CORPUS CUM CAUSA - THE EMERGENCE OF THE MODERN WRIT-II

Abstract

In this article the author discusses the history surrounding the writ of habeas corpus cum causa. First, the author examines the Habeas Corpus Act of 1641 and discusses its distinctive contribution to the field of imprisonment upon civil executions, as well as its utility in political cases. The author then examines the position of the writ during the English Restoration and through an examination of several cases discusses how many of the writ’s uncertainties and procedural difficulties were addressed by the legislature at that time. Next, the author examines the provisions of the Habeas Corpus Act of 1679 in an effort to determine whether or not it resolved any of the problems associated with the writ. In concluding his article the author points out the difficulty in presenting definitive answers to the writ’s many problems of history and procedure, but reminds us of its utility in its modern form.