Habeas Corpus Act of the Restoration

Impact

The contemporary impact of the Habeas Corpus Act on English society has been considered by some historians to have been rather muted. However, its codification of the ancient common-law writ of habeas corpus had a significant impact on the expediency of justice and significantly curbed the royal prerogative. In combination with the English Bill of Rights, enacted a decade later, which curbed unreasonable bail demands and “cruel and unusual punishments,” the right of individuals to be protected against procedural abuse and arbitrary interference with the administration of justice was supported as never before. The principle of habeas corpus was transposed to the American colonies and eventually enshrined in the U.S. Constitution; Article I, Section 9, significantly states that “the privilege of the writ of habeas corpus shall not be suspended” unless in times of rebellion or invasion or for the purpose of ensuring public safety. The common-law concept of habeas corpus was adopted by many U.S. states in the framing of their individual constitutions. For example, Article LX of the Georgia Constitution of 1777 states, “The principles of the habeas-corpus act shall be a part of this constitution.” In 2005 the United Kingdom's Prevention of Terrorism Act, passed in the wake of the attacks of September 11, 2001, allowed terror suspects to be detained without charge for a longer period than that stipulated in the 1984 Police and Criminal Evidence Act. This has been seen as an infringement on the principle of habeas corpus and proves the continuing relevance of the Habeas Corpus Act of 1679.