Restoring Habeas Corpus: Protecting American Values and the Great Writ : Hearing Before the Committee on the Judiciary, United States Senate, One Hundred Tenth Congress, First Session, May 22, 2007, Том 4U.S. Government Printing Office, 2007 - Всего страниц: 173 |
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Стр. 7
... establishing beyond argument the legitimacy of the process for holding persons who continued to present a threat to the ... established habeas proce- dures would greatly enhance its credibility and be consistent with our legal tradition ...
... establishing beyond argument the legitimacy of the process for holding persons who continued to present a threat to the ... established habeas proce- dures would greatly enhance its credibility and be consistent with our legal tradition ...
Стр. 11
... established by the existing Supreme Court precedents . For example , in the 1977 Supreme Court case of Swain v . Pressley that Senator Specter references in his opening statement , the Supreme Court stated that " the substitution [ for ...
... established by the existing Supreme Court precedents . For example , in the 1977 Supreme Court case of Swain v . Pressley that Senator Specter references in his opening statement , the Supreme Court stated that " the substitution [ for ...
Стр. 14
... established . What would probably make the biggest difference is the speed with which the courts could get to the merits , if any , of the detainees claims . It does not mean that detainees are going to be freed from Guantanamo Bay ...
... established . What would probably make the biggest difference is the speed with which the courts could get to the merits , if any , of the detainees claims . It does not mean that detainees are going to be freed from Guantanamo Bay ...
Стр. 29
... CITE ANY EXAMPLE OF A FOREIGN NATION THAT ALLOWS NON - CITIZEN ENEMY SOLDIERS CAPTURED DURING WAR TO USE THE NATION'S DOMESTIC COURTS ΤΟ CHALLENGE THEIR Israel has an established tradition of providing non - citizen DETENTION ? 29.
... CITE ANY EXAMPLE OF A FOREIGN NATION THAT ALLOWS NON - CITIZEN ENEMY SOLDIERS CAPTURED DURING WAR TO USE THE NATION'S DOMESTIC COURTS ΤΟ CHALLENGE THEIR Israel has an established tradition of providing non - citizen DETENTION ? 29.
Стр. 30
... established tradition of providing non - citizen belligerents judicial review in domestic courts . In addition , some British cases also suggest that alleged enemy combatants captured during war could obtain access to domestic courts to ...
... established tradition of providing non - citizen belligerents judicial review in domestic courts . In addition , some British cases also suggest that alleged enemy combatants captured during war could obtain access to domestic courts to ...
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adequate and effective Admiral Guter Afghanistan al Qaeda alien detainees American Conservative Union Article 5 Tribunal believe Boumediene captured Chairman LEAHY challenge their detention Checks and Balances Christian citizens Combatant Status Review Committee Congress Constitution Project's Liberty D.C. Circuit decision Detainee Treatment Act determination due process Eisentrager enemy combatants Evangelicals evidence executive detention federal courts Geneva Conventions Guantanamo Bay Guantánamo detainees habeas corpus jurisdiction habeas corpus petitions habeas corpus rights habeas jurisdiction habeas petitions habeas review habeas rights held human rights indefinitely individuals Iraq issue Judge judicial review Judiciary Justice legislation Military Commissions Act nation Patrick person President prisoners Professor protections question Rasul restore habeas corpus RIVKIN rule of law Section Senator DURBIN Senator Specter Status Review Tribunals statutory Supreme Court Taft terrorism terrorists torture traditional United States Attorney unlawful enemy combatants violations war on terror Washington writ of habeas
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Стр. 88 - So God created humankind in his image, in the image of God he created them; male and female he created them.
Стр. 99 - In time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation...
Стр. 99 - That the United States considers itself bound by Article 7 to the extent that 'cruel, inhuman or degrading treatment or , punishment' means the cruel and unusual treatment or punishment prohibited by the Fifth, Eighth, and/or Fourteenth Amendments to the Constitution of the United States.
Стр. 43 - Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal.
Стр. 99 - No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.
Стр. 71 - A circumstance which crowns the defects of the Confederation remains yet to be mentioned, — the want of a judiciary power. Laws are a dead letter without courts to expound and define their true meaning and operation.
Стр. 93 - Thus says the LORD: Act with justice and righteousness, and deliver from the hand of the oppressor anyone who has been robbed. And do no wrong or violence to the alien, the orphan, and the widow, or shed innocent blood in this place.
Стр. 104 - ... as well as disgraceful working conditions, where men are treated as mere tools for profit, rather than as free and responsible persons; all these things and others of their like are infamies indeed.
Стр. 157 - The facts here are distinguishable from those in Eisentrager in two critical ways, leading to the conclusion that a federal court may entertain the petitions. First, Guantanamo Bay is in every practical respect a United States territory, and it is one far removed from any hostilities. The opinion of the Court well explains the history of its possession by the United States. In a formal sense, the United States leases the Bay; the 1903 lease agreement states that Cuba retains 'ultimate sovereignty
Стр. 95 - ... flow from the very truth of the human being and express and safeguard the dignity of the person: values which no individual, no majority and no State can ever create, modify or destroy, but must only acknowledge, respect and promote.