Dear probonopublico-ga ,
Bryan,
There have been a number of times in English history when the writ of
Habeas Corpus has been suspended by Parliament. I have not included
here the Second World War.
The Habeas Corpus Act was passed by Parliament in 1679 and guaranteed
that a person detained by the authorities would have to be brought
before a court of law so that the legality of the detention may be
examined.
The Text of the Act appears here
http://www.fordham.edu/halsall/mod/1679habeascorp.html
It was suspended in 1696 when there was a plot to assassinate William
III by Jacobites
http://www.bartleby.com/67/681.html
".....plot formed by Sir George Barclay, with about 40 other
Jacobites, to assassinate William III at Turnham Green, now in the
London suburbs. As a result of the plot's discovery, the Habeas Corpus
Act was suspended and parliament passed a Bill ensuring it's
continuance on the death of William III."
http://www.swuklink.com/BAAAGCCN.php
Again in 1715 (Jacobite Rebellion), and 1745 (Jacobite Rising).
"....We find it was suspended in the year 1715, but what was the
situation of the country at that time? It was invaded by the son of
James II. There was a rebellion within the kingdom, and an army was
organized. The same thing happened in the year 1745. On this occasion
it was found necessary to suspend it."
http://press-pubs.uchicago.edu/founders/documents/a1_9_2s13.html
"......1715, 1745 and 1780. Clode, Military Forces, ii. 163, says:
Upon the threat of invasion followed by rebellion in 1715, the first
action of the government was to issue a proclamation authorizing all
officers, civil and military, by force of arms (if necessary) to
suppress the rebellion. This, therefore, would only seem to fall
within the limited sense in which Dicey understands martial law to be
legal, the right of the crown and its servants to repel force by
force. There was no attempt to bring persons before courts-martial who
ought to be tried by the common law, and all the extraordinary acts of
the crown were sanctioned by parliament. After the rebellion had been~
suppressed two statutes were passed, one for indemnity and the other
for pardon. Before the revolution of 1745 similar action was adopted,
a proclamation charging civil magistrates to do their utmost to
prevent and suppress all riots, and acts of parliament suspending
Habeas Corpus, providing for speedy trials; and of indemnity. In the
Gordon Riots of 1780 a very similar course was pursued, and nothing
was done which would not fall within Diceys limitation. No prisoners
were tried by martial law".
http://65.1911encyclopedia.org/M/MA/MARTIAL_LAW.htm
It was next suspended in the England from 1794 to 1801 and in 1817.
"Reference Library of Political Documents
Great Britain. Suspension of Habeas Corpus
The government had considered suspending habeas corpus as early as
November and December of 1792, following reports of radical meetings
and incidents of rioting having broken out in the Midlands, East
Anglia, the north-east and Scotland, as well as the French
legislature's "fraternal" decree offering aid to all peoples seeking
to throw off the chains of tyranny. The Suspension of Habeas Corpus
Act was passed on 7 May 1794 and habeas corpus was suspended on 16 May
1794. The suspension lasted from May 1794 to July 1795 and again from
April 1798 to March 1801."
http://www.napoleonseries.org/reference/political/legislation/habeascorpus.cfm
"Habeas Corpus was also suspended in January 1817 after a missile had
been thrown through the glass window of the Prince Regent's coach on
the way to the opening of Parliament. Supporters of parliamentary
reform were blamed for this act of violence and Lord Liverpool and his
government rushed through Parliament the Gagging Acts. These measures
banned meetings of over fifty people and instructed magistrates to
arrest everyone suspected of spreading seditious libel."
"The Gagging Acts severely hampered the campaign for parliamentary
reform. However, as soon as Parliament decided to restore Habeas
Corpus in March, 1818, there was an immediate revival in the demands
for universal suffrage."
http://www.spartacus.schoolnet.co.uk/PRgagging.htm
http://dspace.dial.pipex.com/town/terrace/adw03/c-eight/distress/gagacts.htm
Additonal information on Habeas Corpus can be found on this page:
http://lachlan.bluehaze.com.au/habeas_corpus.html
You may also find this of interest
Administrative Law Bar Association ? Annual Lecture
Lord Justice Simon Brown
"Habeas Corpus ? A new chater
http://www.adminlaw.org.uk/publications/habeas-corpus.htm
Habeas Corpus, or its principles, appears in the legislation of many
countries whose legal system is based on the Anglo-American system.
It appears in the American Constitution -
"....the privilege of the Writ of Habeas Corpus shall not be
suspended, unless when in cases of rebellion or invasion the public
safety may require it." (Article 1, clause 9, section 2)
http://caselaw.lp.findlaw.com/data/constitution/article01/index.html
Abraham Lincoln suspected Habeas Corpus in 1861.
"Suspension of habeas corpus during the American Civil War
Habeas corpus was suspended on April 27, 1861 during the American
Civil War by President Lincoln in parts of midwestern states,
including southern Indiana. He did so in response to demands by
generals to set up military courts to rein in "Copperheads" or Peace
Democrats, or those in the Union who supported the Confederate cause.
His action was challenged in court and overturned by Justice Taney in
Ex Parte Merriman, 17 F. Cas. 144 (C.C.D. Md. 1861). Lincoln ignored
Taney's order.
In 1864, Lambdin Milligan and four others were accused of planning to
steal Union weapons and invade Union prisoner-of-war camps and were
sentenced to hang by a military court. However, their execution was
not set until May 1865, so they were able to argue the case after the
Civil War. It was decided in the Supreme Court case Ex Parte Milligan
71 US 2 1866 that the suspension was unconstitutional because civilian
courts were still operating, and the Constitution (according to the
Court) provided for suspension of habeas corpus only if these courts
are actually forced closed."
http://en2.wikipedia.org/wiki/Habeas_corpus
"The outstanding instance in the U.S. of the suspension of the right
of habeas corpus occurred in 1861 during the American Civil War, when
Abraham Lincoln suspended it by proclamation. In 1863 Congress
explicitly empowered Lincoln to suspend the privilege of the writ
during the war. In later years courts in several states suspended the
privilege when state executives declared martial law during strikes."
http://www.ferris.edu/htmls/academics/syllabi/mehlerbarry/geninfo/drmnotes/habcorp.htm
As mentioned above, Habeas Corpus also appears in state constitutions
and these are examples of when it has been suspended in a state.
"The privilege of the Writ was suspended in nine counties in South
Carolina in order to combat the Ku Klux Klan, pursuant to Act of April
20, 1871..... It was suspended in the Philippines in 1905, pursuant to
the Act of July 1, 1902,... Finally, it was suspended in Hawaii during
World War II,...." ??.
http://caselaw.lp.findlaw.com/data/constitution/article01/46.html
Other countries I have found during this research include the
Philippines, Canada, New Zealand and Australia. I?m sure there are
more.
Phillipines
"Although the Philippine constitution limited the presidency to two
four-year terms, Marcos imposed martial law on September 21, 1972 and
ruled for twenty years. He succeeded by suspending the constitution,
upon declaration of martial law, because he believed that Communist
and subversive forces were working from within the government. He
ruled as both president and prime minister under the new constitution
which was more conducive to his ambitions. Instantaneously, the press
was censored, airlines and major utilities came under government
control, and the writ of habeas corpus was suspended."
http://www.angelfire.com/nj4/pantherlady02/final.html
(Corroborated on other sites)
Canada
"Habeas corpus:
A writ or order requiring that prisoners be brought before a court to
determine if he or she is being held lawfully. The right of habeas
corpus is intended to prevent imprisonment without charges. The right
habeas corpus has been suspended several times in Canadian history,
most notably when German, Ukrainian and other Slavic Canadians were
interned in World War I, and when Japanese Canadians were interned
during World War II. It was also suspended in Québec in 1970 during
the October Crisis."
http://www.canadiana.org/citm/glossaire/glossaire1_e.html
"October Crisis:
The crisis initiated by the kidnapping of the British trade
commissioner in Montreal on October 5, 1970, by members of the Front
de Libération du Québec (FLQ). This was followed on October 10 by the
kidnapping of Pierre Laporte, the Québec minister of labour and
immigration. The government of Québec requested the assistance of the
Canadian Armed Forces and the federal government proclaimed a state of
"apprehended insurrection" under the War Measures Act. Civil liberties
and the right of habeas corpus were suspended. Laporte was found dead
on October 17, and the FLQ members responsible were found and arrested
in December. The government response to this crisis has remained a
source of controversy ever since."
http://www.canadiana.org/citm/glossaire/glossaire1_e.html
New Zealkand
http://www.lawcom.govt.nz/documents/publications/R44Habc.pdf
I hope this answers your question. If it does not, or the answer is
unclear, then please ask for clarification of this research before
rating the answer. I shall respond to the clarification request as
soon as I receive it.
Thank you
answerfinder
"Habeas Corpus" suspended OR suspension
://www.google.com/search?hl=en&lr=&ie=UTF-8&oe=UTF-8&q=%22Habeas+Corpus%22+suspended+OR+suspension&btnG=Google+Search
and variations including dates and countries |
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