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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, 2023. All Rights Reserved.date: 11 December 2024

Subject(s):
Detention — Habeas corpus

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum
Managing Editor: Martina Mantovani

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. The...
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