Date: 2025-05-11 08:44 am (UTC)
autopope: Me, myself, and I (0)
From: [personal profile] autopope

Contrarian point:

Habeas Corpus was never part of Scottish Law (it was very much an English thing) but Scotland found a way to achieve the same results (no suspension of due process) regardless.

And Habeas Corpus is no longer part of English law either: the very last vestiges of it were wound up in 1998 when the Human Rights Act came into force (which is a part of Scottish Law), which implements the European Convention of Human Rights in the English and Scottish legal systems at a constitutional level.

TLDR: you can have a justice system that works without Habeas Corpus.

So Habeas Corpus is to some extent a shibboleth these days. It is, however, very concerning that a nazi-adjacent MAGA is calling for its suspension, because it is a (increasingly antiquated) part of US law and he's not proposing to replace it with anything except the Will of the Führer.

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