Английская Википедия:Habeas Corpus Act 1862

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Шаблон:Use dmy dates Шаблон:Infobox UK legislation

The Habeas Corpus Act 1862 (25 & 26 Vict. c. 20) is an act of the Parliament of the United Kingdom that limited the right of the English courts to issue writs of habeas corpus in British colonies or dominions.Шаблон:Sfn The act was passed in response to Ex parte Anderson,[1] a case in the Canadian courts in which the English Court of King's Bench attempted to issue a writ of habeas corpus and have Anderson appear before an English judge.Шаблон:Sfn While the court issued the writ, it felt that setting such a precedent would interfere with the "higher degree of Colonial independence".Шаблон:Sfn As a result, the act was passed, receiving royal assent on 16 May 1862.

The statute consists of only two clauses:

  • Section 1 declares that no writ of habeas corpus can be issued by an English judge to any foreign nation or colony which forms part of the Queen's possessions (broadly speaking, the Commonwealth of Nations) if that nation has a court able to issue such a writ.

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The act was notably used in R v Secretary of State for Home Affairs, ex p O'Brien [1923] 2 KB 361, in which Sir Patrick Hastings' challenge to the deportation and internment of British citizens to the Irish Free State was rebuffed by the divisional court because the 1862 act meant that the court had no jurisdiction to order the release of the citizens.Шаблон:Sfn

In 1971 Lord Denning led the Court of Appeal in Re Keenan [1971] 3 WLR 844 in saying that no English court has jurisdiction to issue a writ of habeas corpus anywhere in Ireland, whether in Northern Ireland or the Republic of Ireland.Шаблон:Sfn He based this judgment partially on the 1862 act, and partially on a judgment of Lord Mansfield construing the Repeal of Act for Securing Dependence of Ireland Act 1782 (22 Geo. 3. c. 53) and the Irish Appeals Act 1783 (23 Geo. 3. c. 28)[2] in declining the opportunity to issue a writ in Northern Ireland.Шаблон:Sfn

References

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Bibliography

  1. Шаблон:Cite CommonLII
  2. both acts subsequently repealed by the Statute Law Revision Act 1871