In the field of habeas corpus Parliamentary supremacy has been a paper tiger since the 1600’s. Fifteen years ago, litigators from both sides of the Atlantic brought that history forcefully to the attention of the United States Supreme Court, resulting in a 2005 decision that extended the writ to prisoners at Guantanamo Bay in defiance of Congress and the President. Soon, litigators before the British Supreme Court may be making similar arguments to explain why that body can exercise judicial review in the American sense. That unwritten power was at first controversial in America but the resistance was overcome through a confluence of forces that have parallels with those present in Britain today.
Eric M. Freedman is the Siggi B. Wilzig Distinguished Professor of Constitutional Rights at the Maurice A. Deane School of Law at Hofstra University. He is a graduate of the Phillips Exeter Academy, Yale College, and Yale Law School, and earned an MA in History from Victoria University of Wellington, New Zealand while holding a Fulbright Scholarship there. In addition to writing and lecturing on habeas corpus for scholarly and general audiences, Professor Freedman is an active civil liberties litigator and consultant, particularly in death penalty cases and cases involving national security detentions.
Professor Timothy Endicott, University of Oxford, will be the respondent.