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Habeas Corpus Act 1679 : ウィキペディア英語版 | Habeas Corpus Act 1679
The Habeas Corpus Act 1679 is an Act of the Parliament of England (31 Cha. 2 c. 2)〔'Charles II, 1679: An Act for the better secureing the Liberty of the Subject and for Prevention of Imprisonments beyond the Seas.', Statutes of the Realm: volume 5: 1628-80 (1819), pp. 935-38. URL: http://www.british-history.ac.uk/report.asp?compid=47484. Date accessed: 6 March 2007.〕 passed during the reign of King Charles II by what became known as the Habeas Corpus Parliament to define and strengthen the ancient prerogative writ of ''habeas corpus'', a procedural device to force the courts to examine the lawfulness of a prisoner's detention in order to safeguard individual liberty and thus to prevent unlawful or arbitrary imprisonment.〔 ==Earlier and subsequent history== The Act is often wrongly described as the origin of the writ of ''habeas corpus''. But the writ of ''habeas corpus'' had existed in England for at least three centuries before and traces its origin back to the Magna Carta in 1215, whose article 39 reads: "No freeman shall be taken or imprisoned or disseised or exiled or in any way destroyed, nor will we go upon him nor will we send upon him except upon the lawful judgement of his peers or the law of the land." The Act of 1679 followed an earlier Habeas Corpus Act of 1640, which established that the command of the King or the Privy Council was no answer to a petition of ''habeas corpus''. Further Habeas Corpus Acts were passed by the British Parliament in 1803, 1804, 1816 and 1862, but it is the Act of 1679 which is remembered as one of the most important statutes in English constitutional history. Though amended, it remains on the statute book to this day.〔http://www.legislation.gov.uk/aep/Cha2/31/2/contents〕
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