Habeus Corpus/Freedom From Arbitrary Detention

This option report compares constitutional provisions related to the freedom from arbitrary detention (or habeas corpus defined as the legal action a person can take to gain relief from unlawful detention). The sample of constitutions reviewed consists of almost 600 constitutions enacted since 1789. The report details the trends related to provisions that stipulate that 1) no one may be arbitrarily detained; 2) those arrested must be informed of the accusations against him/her and be presented to a court in a specific timeframe; and 3) arrests can be made only based on a warrant or court order. In addition, the report sets out sample constitutional provisions where the Writ of Habeas Corpus is recognized; there is an absolute prohibition on suspension of Habeas Corpus; there is a qualified prohibition on suspension of Habeas Corpus; the Habeas Corpus will be regulated by non-constitutional law; and there is protection from unjustified restraint.