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9781851828364

The law of habeas corpus in Ireland The History, Scope of Review and Practice under Article 40.4.2 of the Irish Constitution

by
  • ISBN13:

    9781851828364

  • ISBN10:

    1851828362

  • Format: Hardcover
  • Copyright: 2006-03-10
  • Publisher: Four Courts Press

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Summary

Habeas corpus - the common law process for obtaining the release of the illegally detained - is now embedded in the Irish legal system as Article 40.4.2 of the Constitution of Ireland. The law of habeas corpus in Ireland is the first full study of Article 40.4.2. It provides an account of the historical development of the remedy in Ireland, of the character of the investigation conducted on an Article 40.4.2 enquiry, and of the procedural features of the remedy.

Table of Contents

Acknowledgments vii
Text of Articles 40.4.1-5 of the Constitution of Ireland ix
The development of habeas corpus in Irish law, 1600--1941
1(38)
The grounds of review on an Article 40.4.2 enquiry
39(66)
Procedure on an Article 40.4.2 application
105(78)
Article 40.4.2 and the criminal process
183(44)
Habeas corpus review of administrative detention, and detention ancillary to civil litigation
227(20)
Table of cases 247(12)
Table of statutes 259(4)
Index 263

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