Cherished for centuries as the great bulwark of British liberty, the remedy of habeas corpus has in recent years lost much of its practical importance. Experienced judges may retire without ever having granted the remedy, or being asked to do so. This is not because today's judges are less protective of personal liberty than their forebears - perhaps the reverse is true. It is because the function of habeas corpus has, to a large extent, been subsumed within the versatile and extensive coverage of judicial review. To many traditionalists this decline is a source of regret. Not the least merit of Paul Halliday's enthralling and scholarly historical survey, focusing primarily on the years 1500-1800, is to remind us of what could be seen as the glory days of habeas corpus.

LRB 7 October 2010 | PDF Download