Habeas Corpus and Protection of Liberties

The Habeas Corpus Act, regarded as of one of the landmarks of English liberties which came into force on May 27th, 1679 was curated to prevent illegal detention and unrestrained state power. These rights were acquired gradually, through cautious realization that, a chief also owes an obligation to his subjects, apart from control and authority over them. It is based on the reasoning that a person with authority also has the responsibility to exercise it with sensitivity and prudence. The meaning of Habeas Corpus is ‘you have the body’. It provides the courts with the authority to demand the show cause of a person, thereby eliminating the possibility of him being detained in secrecy. It is the laws and the institutions that define and protect people’s liberties and not the kings or chieftains or political leaders. The founding fathers of America were more interested in seeking established rights that prevent the arbitrary acts of colonial rulers. Habeas Corpus along with Magna Carta, Petition of Rights and Bill of Rights is an important landmark in the honourable tradition of confirming established liberties in law, and in bringing authorities under legal obligation to respect them.