Spec Pro Cases - Habeas Corpus and Prerogative Writs 4 14 2025

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Prerogative writ is a historical term for a writ (official order) that directs the behavior of another arm of government, such as an agency, official, or other court. It was originally available only to the Crown under English law, and reflected the discretionary prerogative and extraordinary power of the monarch.
Latin, meaning you have the body. A writ of habeas corpus generally is a judicial order forcing law enforcement authorities to produce a prisoner they are holding, and to justify the prisoners continued confinement.
WRIT OF HABEAS CORPUS is an appeal of the sentence or conditions of a sentence already imposed on a defendant. TWO TYPES OF WRITS: WRIT OF HABEAS CORPUS AD PROSEQUENDUM - An order commanding the presence of a defendant to appear in court to answer charges on pending case.
[The writ of habeas corpus] is the great remedy of the citizen or subject against arbitrary or illegal imprisonment; it is the mode by which the judicial power speedily and effectually protects the personal liberty of every individual, and repels the injustice of unconstitutional laws and despotic governments.
The answer, in short, is yes. The Fourteenth Amendment PI Clause not the Due Process Clauseexpanded the constitutionally protected scope of the federal habeas privilege. The PI Clause yokes the habeas privilege to national citizenship, the rights of which neither the federal government nor states may abridge.
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