The Air Of England Has Long Been Too Pure For A Slave, And Every Man Is Free Who Breathes It

What is habeas corpus and why does it matter? Wikipedia explains that: The writ of habeas corpus in common law countries is an important instrument for the safeguarding of individual freedom against arbitrary state action.

Further, Known as the "Great Writ", the writ of habeas corpus ad subjiciendum is a legal proceeding in which an individual held in custody can challenge the propriety of that custody under the law. The prisoner, or some other person on his behalf (for example, where the prisoner is being held incommunicado), may petition the court or an individual judge for a writ of habeas corpus.

Although the form of the writ of habeas corpus implies that the prisoner is brought to the court in order for the legality of the imprisonment to be examined, modern practice is to have a hearing with both parties present on whether the writ should issue, rather than issuing the writ immediately and waiting for the return of the writ by the addressee before the legality of the detention is examined. The prisoner can then be released or *bailed* by order of the court without having to be produced before it.

The right of habeas corpus, or rather, the right to petition for the writ has long been celebrated as the most efficient safeguard of the liberty of the subject. Dicey wrote that the Habeas Corpus Acts "declare no principle and define no rights, but they are for practical purposes worth a hundred constitutional articles guaranteeing individual liberty". In most countries, however, the procedure of habeas corpus can be suspended in time of national emergency. In most civil law jurisdictions, comparable provisions exist, but they are generally not called "habeas corpus".

As Wikipedia notes: Since the 18th century the writ has also been used in cases of unlawful detention by private individuals, most famously in Somersett's Case (1771), where the black slave Somersett was ordered to be freed, the famous words being quoted from an earlier case: "The air of England has long been too pure for a slave, and every man is free who breathes it."

Habeas Corpus appears to predate even the Magna Carta: From Magna Carta the exact quote is: "no free man shall be taken or imprisoned or disseised or exiled or in any way destroyed except by the lawful judgment of their peers or by the law of the land."” The practice and right of Habeas Corpus was settled practice and law at the time of Magna Carta and was thus a fundamental part of the unwritten common "law of the land" as was expressly recognized by Magna Carta.

The air of England must be better than the air of America. By the end of this week, the Bush junta will be able to imprison and torture anyone they like and the person imprisoned and/or tortured will have no legal right to challenge that. Thus, Americans will have fewer rights than did those Englishmen who gathered on the meadow of Runnymeade in 1215. In just five short years, the Bush junta has driven this country 800+ years backwards. May the bitch-goddess Karma give them extra special attention. May they have all that they deserve.