id	author	title	date	pages	extension	mime	words	sentence	flesch	summary	cache	txt
inlawrev-17980	Tyler, Amanda L.	The Counterfactual that Came to Pass: What if the Founders Had Not Constitutionalized the Privilege of the Writ of Habeas Corpus?	2011	18	.pdf	application/pdf	9108	482	57	As is also shown below, a comparative inquiry into the existing state of detention law in this country and in the United Kingdom reveals a notable contrast—namely, notwithstanding their lack of a constitutionally- based right to the privilege, British citizens detained in the United Kingdom without formal charges on suspicion of terrorist activities enjoy the benefit of far more legal protections than their counterparts in this country. THE COUNTERFACTUAL THAT CAME TO PASS 5 right to due process derived from Magna Carta, but—in keeping with the evolution of the common law writ, the Petition of Right, the Habeas Corpus Act, the Declaration of Rights, and the Trial of Treasons Act —the privilege came10 to embody a particular demand that persons within protection suspected of posing a danger to the state be charged criminally and tried in due course or discharged. 11 Parsing English history during this period also reveals that the privilege of the writ of habeas corpus and the crime of treason forged a special link in the celebrated Habeas Corpus Act of 1679.	cache/inlawrev-17980.pdf	txt/inlawrev-17980.txt