The effectiveness of the Writ of Habeas Corpus AD Subjiciendum insecuring the personal liberty of detained persons in Zambia
Date
2013-10-18
Authors
Ngulube, Dumisani Richard
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Abstract
The quest for the protection of personal liberty cannot be over emphasised as its curtailment inevitably leads to the end of almost all other constitutionally guaranteed rights and freedoms.This essay seeks to investigate the effectiveness of the writ of habeas corpus ad subjiciendum in protecting the personal liberty of detained persons in Zambia. It is the contention of this essay that the writ of habeas corpus is the highest remedy in law for the protection of personal liberty, which Blackstone aptly described as "the most celebrated writ in the English Law."What then is scope of the writ of habeas corpus and does it issue to a treason accused who is challenging the sufficiency of the evidence on which the charge is premised? It is the purpose of this essay to inquire into and to state in broad outline the answers to these questions. Woven through this essay, will be found the answer as to why a detainee whose initial arrest and detention is unlawful but is currently held on a valid legal order is not entitled to be discharged on habeas corpus. Further, the answer will be found as to the question why the privilege of the writ of habeas corpus can not be suspended in Zambia during a state of emergency as it is done in other Jurisdictions such as England and the United States of America.
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Habeas Corpus(International Law)