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''Habeas corpus'' (; Medieval Latin translating roughly to "You should have the body"〔(【引用サイトリンク】url=http://www.merriam-webster.com/dictionary/habeas%20corpus )〕) is a recourse in law whereby a person can report an unlawful detention or imprisonment before a court, usually through a prison official.〔(【引用サイトリンク】title=Habeas Corpus Defined and Explained )〕 A writ of ''habeas corpus'' is known as the "the great and efficacious writ in all manner of illegal confinement",〔per Blackstone〕 being a remedy available to the meanest against the mightiest. It is a summons with the force of a court order; it is addressed to the custodian (a prison official for example) and demands that a prisoner be taken before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond his or her authority, then the prisoner must be released. Any prisoner, or another person acting on his or her behalf, may petition the court, or a judge, for a writ of ''habeas corpus''. One reason for the writ to be sought by a person other than the prisoner is that the detainee might be held incommunicado. Most civil law jurisdictions provide a similar remedy for those unlawfully detained, but this is not always called ''habeas corpus''. For example, in some Spanish-speaking nations, the equivalent remedy for unlawful imprisonment is the ''amparo de libertad'' ('protection of freedom'). ''Habeas corpus'' has certain limitations. Though a writ of right, it is not a writ of course.〔The applicant must make out a ''prima facie'' case. However, once he does that, he is entitled to the writ as of right, which is then granted to him ''ex debito justitae''〕 It is technically only a procedural remedy; it is a guarantee against any detention that is forbidden by law, but it does not necessarily protect other rights, such as the entitlement to a fair trial. So if an imposition such as internment without trial is permitted by the law, then ''habeas corpus'' may not be a useful remedy. In some countries, the process has been temporarily or permanently suspended, in all of a government's jurisdictions or only some, because of what might be construed by some government institutions as a series of events of such relevance to the government as to warrant a suspension; in more recent times, such events may have been frequently referred to as "national emergencies". The right to petition for a writ of ''habeas corpus'' has nonetheless long been celebrated as the most efficient safeguard of the liberty of the subject. The jurist Albert Venn Dicey wrote that the British Habeas Corpus Acts "declare no principle and define no rights, but they are for practical purposes worth a hundred constitutional articles guaranteeing individual liberty".〔Anthony Wright (1994) (''Citizens and subjects: an essay on British politics'' ), Routledge, 1994〕 The writ of ''habeas corpus'' is one of what are called the "extraordinary", "common law", or "prerogative writs", which were historically issued by the English courts in the name of the monarch to control inferior courts and public authorities within the kingdom. The most common of the other such prerogative writs are ''quo warranto'', ''prohibito'', ''mandamus'', ''procedendo'', and ''certiorari''. The due process for such petitions is not simply civil or criminal, because they incorporate the presumption of non-authority. The official who is the respondent must prove his authority to do or not do something. Failing this, the court must decide for the petitioner, who may be any person, not just an interested party. This differs from a motion in a civil process in which the movant must have standing, and bears the burden of proof. ==Etymology== From Latin ''habeas'', 2nd person singular present subjunctive active of ''habere'', "to have", "to hold"; and ''corpus'', accusative singular of ''corpus'' "body". In reference to more than one person, ''habeas corpora''. Literally, the phrase means "you shall have the body". The complete phrase ''habeas corpus ad subjiciendum'' means "you shall have the person for the purpose of subjecting him/her to (examination)". These are the opening words of writs in 14th century Anglo-French documents requiring a person to be brought before a court or judge, especially to determine if that person is being legally detained.〔(【引用サイトリンク】url=http://www.etymonline.com/index.php?term=habeas%20corpus )〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Habeas corpus」の詳細全文を読む スポンサード リンク
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