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Habeas Corpus Act 1679
The Habeas Corpus Act 1679 ( 31 Cha. 2. c. 2) is an act of the Parliament of England passed during the reign of King Charles II. It was passed by what became known as the Habeas Corpus Parliament to define and strengthen the ancient prerogative writ of ''habeas corpus'', which required a court to examine the lawfulness of a prisoner's detention and thus prevent unlawful or arbitrary imprisonment. Earlier and subsequent history The act is often wrongly described as the origin of the writ of ''habeas corpus''. But the writ of ''habeas corpus'' had existed in various forms in England for at least five centuries before and is thought to have originated in the Assize of Clarendon of 1166. It was guaranteed, but not created, by Magna Carta in 1215, whose article 39 reads (translated from Latin): "No freeman shall be taken or imprisoned or disseised or exiled or in any way destroyed, nor will we go upon him nor will we send upon him except upon the lawful judgement of his peers o ...
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Short Title
In certain jurisdictions, including the United Kingdom and other Westminster system, Westminster-influenced jurisdictions (such as Canada or Australia), as well as the United States and the Philippines, primary legislation has both a short title and a long title. The long title (properly, the title in some jurisdictions) is the formal title appearing at the head of a statute (such as an act of Parliament or of act of Congress, Congress) or other legislative instrument. The long title is intended to provide a summarised description of the purpose or scope of the instrument. Like other descriptive components of an act (such as the preamble, section headings, side notes, and short title), the long title seldom affects the operative provisions of an act, except where the operative provisions are unclear or ambiguous and the long title provides a clear statement of the legislature's intention. The short title is the formal name by which legislation may by law be Legal citation, cited. I ...
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Habeas Corpus Act 1816
The Habeas Corpus Act 1816 ( 56 Geo. 3. c. 100) or Serjeant Onslow's Act was an act of the Parliament of the United Kingdom that modified the law on ''habeas corpus'' to remove the rule against controverting the return in non-criminal cases. Historically, the rules around factual inquiries in decisions around petitions for ''habeas corpus'' had been based on the '' Opinion on the Writ of Habeas Corpus'', a House of Lords disquisition by Wilmot CJ in 1758, which effectively nullified a bill for passage of ''An Act for giving a more speedy Remedy to the Subject upon the Writ of Habeas Corpus''. It made the argument that the writ allowed the judge only to ask for an explanation of why the prisoner was jailed known as the 'return'), not to debate whether that explanation was justified or to examine the facts of it ('controvert' it), which was the role of the jury. There were several ways around that. One was "confessing and avoiding", introducing and discussing contradicting the ...
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Anthony Ashley-Cooper, 1st Earl Of Shaftesbury
Anthony Ashley Cooper, 1st Earl of Shaftesbury PC, FRS (22 July 1621 – 21 January 1683), was an English statesman and peer. He held senior political office under both the Commonwealth of England and Charles II, serving as Chancellor of the Exchequer from 1661 to 1672 and Lord Chancellor from 1672 to 1673. During the Exclusion Crisis, Shaftesbury headed the movement to bar the Catholic heir, James II, from the royal succession, which is often seen as the origin of the Whig party. He was also a patron of the political philosopher John Locke, with whom Shaftesbury collaborated with in writing the Fundamental Constitutions of Carolina in 1669. During the Wars of the Three Kingdoms, Shaftesbury initially supported the Royalists, before switching to the Parliamentarians in 1644. He served on the English Council of State under the Commonwealth, although he opposed Oliver Cromwell's attempt to rule without Parliament during the Rule of the Major-Generals (1655–1657). He back ...
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Exchequer Of Pleas
The Exchequer of Pleas, or Court of Exchequer, was a court that dealt with matters of equity (law), equity, a set of legal principles based on natural law and Common law#History, common law in England and Wales. Originally part of the , or King's Council, the Exchequer of Pleas split from the in the 1190s to sit as an independent central court. The Court of Chancery's reputation for tardiness and expense resulted in much of its business transferring to the Exchequer. The Exchequer and Chancery, with similar jurisdictions, drew closer together over the years until an argument was made during the 19th century that having two seemingly identical courts was unnecessary. As a result, the Exchequer lost its equity jurisdiction. With the Judicature Acts, the Exchequer was formally dissolved as a judicial body by an Order in Council on 16 December 1880. The Exchequer's jurisdiction at various times was common law, equity or both. Initially a court of both common law and equity, it lost ...
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Judiciary Of England And Wales
There are various levels of judiciary in England and Wales—different types of courts have different styles of judges. They also form a strict hierarchy of importance, in line with the order of the courts in which they sit, so that judges of the Court of Appeal of England and Wales are given more weight than district judges sitting in the County Court and magistrates' courts. On 1 April 2020 there were 3,174 judges in post in England and Wales. Some judges with United Kingdom-wide jurisdiction also sit in England and Wales, particularly Justices of the United Kingdom Supreme Court and members of the tribunals judiciary. By statute, judges are guaranteed continuing judicial independence. There have been multiple calls from both Welsh academics and politicians, however, for a distinct Welsh criminal justice system. The following is a list of the various types of judges who sit in the courts of England and Wales: Lord Chief Justice and Lord Chancellor Since 3 April 200 ...
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Lord Chancellor
The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is a senior minister of the Crown within the Government of the United Kingdom. The lord chancellor is the minister of justice for England and Wales and the highest-ranking Great Officers of State (United Kingdom), Great Officer of State in Scotland and England, nominally outranking the Prime Minister of the United Kingdom, prime minister. The lord chancellor is appointed and dismissed by the British monarchy, sovereign on the advice of the prime minister. Prior to the Acts of Union 1707, union of England and Scotland into the Kingdom of Great Britain, there were separate lord chancellors for the Kingdom of England (including Wales) and the Kingdom of Scotland. Likewise, the Lordship of Ireland and its successor states (the Kingdom of Ireland and History of Ireland (1801–1923), United Kingdom of Great Britain and Ireland) maintained the office of Lord Chancellor of Ireland, lord chancellor of Ireland u ...
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Privy Council Of England
The Privy Council of England, also known as His (or Her) Majesty's Most Honourable Privy Council (), was a body of advisers to the List of English monarchs, sovereign of the Kingdom of England. Its members were often senior members of the House of Lords and the House of Commons of England, House of Commons, together with leading churchmen, judges, diplomats and military leaders. The Privy Council of England was a powerful institution, advising the sovereign on the exercise of the royal prerogative and on the granting of royal charters. It issued executive orders known as Order in Council, Orders in Council and also had judicial functions. In 1708, the Privy Council of England was abolished and subsumed into the Privy Council of Great Britain along with the Privy Council of Scotland. Name According to the Oxford English Dictionary, Oxford dictionary the definition of the word "privy" in ''Privy Council'' is an obsolete one meaning "Of or pertaining exclusively to a particular p ...
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BBC News
BBC News is an operational business division of the British Broadcasting Corporation (BBC) responsible for the gathering and broadcasting of news and current affairs in the UK and around the world. The department is the world's largest broadcast news organisation and generates about 120 hours of radio and television output each day, as well as online news coverage. The service has over 5,500 journalists working across its output including in 50 foreign news bureaus where more than 250 foreign correspondents are stationed. Deborah Turness has been the CEO of news and current affairs since September 2022. In 2019, it was reported in an Ofcom report that the BBC spent £136m on news during the period April 2018 to March 2019. BBC News' domestic, global and online news divisions are housed within the largest live newsroom in Europe, in Broadcasting House in central London. Parliamentary coverage is produced and broadcast from studios in London. Through BBC English Regions, th ...
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Magna Carta
(Medieval Latin for "Great Charter"), sometimes spelled Magna Charta, is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by the Archbishop of Canterbury, Cardinal Stephen Langton, to make peace between the unpopular king and a group of rebel barons who demanded that the King confirm the Charter of Liberties, it promised the protection of church rights, protection for the barons from illegal imprisonment, access to swift and impartial justice, and limitations on feudal payments to the Crown, to be implemented through a council of 25 barons. Neither side stood by their commitments, and the charter was annulled by Pope Innocent III, leading to the First Barons' War. After John's death, the regency government of his young son, Henry III, reissued the document in 1216, stripped of some of its more radical content, in an unsuccessful bid to build political support for their cause. At the end of th ...
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Assize Of Clarendon
The Assize of Clarendon was an act of Henry II of England in 1166 that began a transformation of English law and led to Jury trial, trial by jury in common law countries worldwide, and that established assize courts. Prior systems for deciding the winning party in a case, especially felony, felonies, included trial by ordeal, trial by battle, or compurgation, trial by compurgation (trial by oath), in which evidence, inspection, and inquiry was made under oath by laymen, knights or ordinary Franklin (class), freemen. After the Assize of Clarendon Jury trial, trial by jury developed, though some historians say beginnings of the jury system predate this act. The Assize of Clarendon did not lead to this change immediately; recourse to trial by combat was not officially rescinded until 1819 in the aftermath of the Ashford v Thornton, murder of Mary Ashford. The assize takes its name from Clarendon Palace, Wiltshire, the royal hunting lodge at which it was promulgated. Problems addre ...
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Habeas Corpus
''Habeas corpus'' (; from Medieval Latin, ) is a legal procedure invoking the jurisdiction of a court to review the unlawful detention or imprisonment of an individual, and request the individual's custodian (usually a prison official) to bring the prisoner to court, to determine whether their detention is lawful. ''Habeas corpus'' is generally enforced via writ, and accordingly referred to as a writ of ''habeas corpus''. The writ of ''habeas corpus'' is one of what are called the "extraordinary", "common law", or " prerogative writs", which were historically issued by the English courts in the name of the monarch to control inferior courts and public authorities within the kingdom. The writ was a legal mechanism that allowed a court to exercise jurisdiction and guarantee the rights of all the Crown's subjects against arbitrary arrest and detention. At common law the burden was usually on the official to prove that a detention was authorized. ''Habeas corpus'' has cert ...
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Habeas Corpus Parliament
The Habeas Corpus Parliament, also known as the First Exclusion Parliament, was a short-lived English Parliament which assembled on 6 March 1679 (or 1678, Old Style) during the reign of Charles II of England, the third parliament of the King's reign. It is named after the Habeas Corpus Act, which it enacted in May 1679. The Habeas Corpus Parliament sat for two sessions. The first session sat from 6 March 1679 to 13 March 1679, the second session from 15 March 1679 to 26 May 1679. It was dissolved while in recess on 12 July 1679. History The parliament succeeded the long Cavalier Parliament of 1661–1678/79, which the King had dissolved. Elections were held for a new parliament on various dates in February 1678/79, after which the Earl of Shaftesbury estimated that of the members of the new House of Commons one third were friends of the court, three-fifths favouring the Opposition, and the rest capable of going either way.Tim Harris, 'Cooper, Anthony Ashley', in the ''Oxf ...
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