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Habeas Corpus: Australia, New Zealand and The South Pacific e2

Habeas Corpus: Australia, New Zealand and The South Pacific e2

By David Clark and Gerard McCoy

The second edition of this text includes all new material on Habeas Corpus and brings the subject up to date given the very large number of changes that have occurred since the first edition published in 2000.

Administrative Appeals Administrative Tribunals Courts Criminal Procedure 

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  • Full description

    The second edition of this text includes all new material on Habeas Corpus and brings the subject up to date given the very large number of changes that have occurred since the first edition published in 2000.

    The main changes include: 
            1. The enactment of the Habeas Corpus Act 2001 (NZ) and the large body of case law that has ensued.
            2. The change in nearly all of the relevant rules of court for almost every jurisdiction.
            3. Important shifts in the areas in which habeas corpus operates: 
                         (a) the decline of the remedy in family law matters in Australia, but its retention in New Zealand; 
                         (b) the decline in the use of habeas corpus in bail matters either because of the use of Bail Acts or because, in the New Zealand case, the Habeas Corpus Act 2001(NZ) excludes the remedy in bail matters; 
                         (c) the rise of habeas applications in mental and nursing home cases no doubt reflecting the ageing of the population; 
                         (d) shifts in the terminology to refer to the remedy. Despite these we will use the neutral term habeas corpus throughout.
            4. While the first edition stressed the origins of the remedy and the older cases, the new edition retains some of this, but the cases since 2000 are given priority.
            5. A significant increase in materials now available from Pacific Island jurisdictions.
            6. Some material from outside the jurisdictions covered is included for contrast and for important points not yet taken in the jurisdictions listed below that are the subject of this book.

  • About the author

    David Clark BA(Hons) LLB(Otago) D Phil(Oxon) is Emeritus Professor of Law at Flinders University. He taught public law for 40 years in Hong Kong and in Australia. He is the author of six books and 80 refereed academic articles. He has published extensively on constitutional history, administrative law and parliamentary privilege. His publications, apart from two monographs and four articles on Habeas Corpus, include papers on Magna Carta in Australia, New Zealand and the Commonwealth, and he has published previously with Oxford University Press (Hong Kong and New York), the Clarendon Press, Oxford, LexisNexis (Hong Kong and Sydney), the Max Planck Institute in Heidelberg and the American Bar Association. He has also acted as a consultant on habeas corpus cases in Hong Kong, Fiji and Australia. In 2016 he was a member of the Commonwealth Parliamentary Association delegation to the Parliament of Samoa.

    Gerard has appeared as leading counsel in the courts of 10 countries and in habeas corpus cases in several jurisdiction, including the Privy Council. He is the Head of Chambers in Gilt Chambers, the largest barristers' set in Hong Kong, and has been retained to give expert evidence in numerous jurisdictions on aspects of law, including habeas corpus. He has been an Adjunct Professor of Law at the University of Canterbury for 20 years and has taught administrative and constitutional law in universities throughout Australasia, Asia and Europe. He drafted both the habeas corpus statutory law and the procedure commentary provisions for Hong Kong in replacement of the Imperial laws, which from 1 July 1997 would not transition, upon the resumption of sovereignty over Hong Kong by China.

  • Product details

    ISBN: 9781760021832

    Published: 2018

    Format: Hardcover

  • Table of contents

    Preface to the Second Edition 
    Table of Cases 
    Table of Statutes

    1. Introduction

    2. The Habeas Corpus Legislative Provisions

    3. Bail

    4. The Scope of Review

    5. Habeas Corpus and the Vulnerable: Children, Mental Patients and the Elderly

    6. Standing and Representation

    7. The Grounds of Review

    8. Territorial Limits

    9. Habeas Corpus and Emergencies

    10. Practice and Procedure

    Bibliography

    Index

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