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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Boumediene v Bush Case (US)

United States [us]

Andrew Friedman

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 20 March 2019

Detention — Habeas corpus

Published under the direction of the Max Planck Foundation for International Peace and the Rule of Law.
General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.

1. Boumediene v Bush ( Boumediene ) is a 2008 decision of the Supreme Court of the United States , in which the Court, by a five to four majority affirmed the right of an alien ( aliens ), held by United States (‘US’) authorities outside of the territorial limits of the US, to access to the writ of habeas corpus . In affirming this right, the Court stated that: The laws and Constitution are designed to survive, and remain in force, in extraordinary times. Liberty and security can be reconciled; and in our system they are reconciled within the framework of the law....
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