Existing comment:
Habeas Corpus Act of 1679
The writ of habeas corpus had its origins in British common law, predating Magna Carta. In its modern form, however, it was never enacted into law until the Habeas Corpus Act of 1679. Parliament passed the law during the reign of King Charles II (reigned 1660–1685) fearing that the king's Catholic brother James (reigned as James II, 1685–1688) might succeed him and disregard English liberties. The act, which guaranteed the privilege of the petition and set forth the requirements for its execution, remains in effect in England today. It also influenced the framers to include habeas rights in the U.S. Constitution. |