The Not so Great Writ: The European Court of Human Rights Finds Habeas Corpus and Inadequate Remedy: Should American Courts Reexamine the Writ
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THE CONSTITUTION OFFERS No PROTECTION WITHOUT RECOURSE TO A REMEDY: WHY CONSTITUTIONAL ERRORS IN A POSTCONVICTION PROCEEDING SHOULD BE COGNIZABLE IN A PETITION FOR HABEAS CORPUS
Our legal system is replete with normative maxims but rarely absolute principles. Take for example Chief Justice Marshall's famous declaration in Marbury v. Madison: "The government of the United States has been emphatically termed a government of laws, and not of men. It will certainly cease to deserve this high appellation, if the laws furnish no remedy for the violation of a vested legal rig...
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تاریخ انتشار 2016