Habeas Corpus Ad Subjiciendum Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Habeas Corpus Ad Subjiciendum, written in plain English, along with examples of how it is used.

What is Habeas Corpus Ad Subjiciendum?

Refer to the definition for habeas corpus.

History and Meaning of Habeas Corpus Ad Subjiciendum

Habeas Corpus ad Subjiciendum is a legal term that originated in England during the 14th century. It refers to the right of an individual who is under arrest or detention to appear before a court and challenge the legality of their imprisonment. In Latin, "Habeas Corpus" means "you shall have the body," which refers to the right of an individual to demand that their physical presence be brought before a court of law.

Habeas corpus has a long history in English common law and is seen as one of the most fundamental and important protections against arbitrary detention by the state. Throughout history, habeas corpus has been used to prevent the government from unlawfully imprisoning individuals and violating their civil liberties.

In the United States, the writ of habeas corpus is protected by the Constitution, and it is viewed as a fundamental right that cannot be suspended except in cases of rebellion or invasion.

Examples of Habeas Corpus Ad Subjiciendum

  1. A person who is detained on suspicion of a crime demands to appear before a judge to challenge the legality of their detention under habeas corpus ad subjiciendum.
  2. A prisoner who has been held in prison for an extended period without trial requests a writ of habeas corpus ad subjiciendum to challenge the legality of their continued detention.
  3. A person who has been arrested and detained without charges seeks a writ of habeas corpus ad subjiciendum to demand their release from custody.

Legal Terms Similar to Habeas Corpus Ad Subjiciendum

  1. Writ of Habeas Corpus: This term refers to the general legal concept of the right to challenge the legality of one's imprisonment before a court.
  2. Extradition: This term refers to the process of transferring an individual from one jurisdiction to another to face criminal charges or serve a sentence.
  3. Due Process: This term refers to the principle that all individuals are entitled to fair and impartial legal proceedings and the protection of their civil liberties.