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Statutes and Acts

Habeas Corpus Act 1679

Civil Rights, Equality and Human Rights Acts
Habeas Corpus Act 1679 glyph

The Habeas Corpus Act 1679 received royal assent on 27 May 1679 and strengthened the ancient prerogative writ of habeas corpus by defining its scope and setting out clear procedures for its use, requiring courts to examine directly whether a prisoner's detention was actually lawful and so guarding against unlawful or arbitrary imprisonment. The writ of habeas corpus itself was already centuries old, its use traceable back to guarantees in Magna Carta of 1215, but before 1679 it had lacked consistent and enforceable procedure; this Act supplied that missing mechanism. It is regarded as one of the most important statutes in English constitutional history, a foundational protection against arbitrary detention by the state, and it remains part of English law today, still in force despite subsequent amendment.

Facts
Enacted Year
1679 1
Enacted Date
1679-05-27 1
Jurisdiction
England and Wales 1
Enacted By
Parliament of England 1
Official Citation
31 Cha. 2. c. 2 1
Legal Status
Amended 1
Identity
Symbol
A barred cell window beside a key, for a writ examining the lawfulness of a prisoner's detention. 1
Legal Status
Legal Status (category)
Amended 1
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Source Habeas Corpus Act 1679 (Wikipedia)tier 2
Sources
1. Habeas Corpus Act 1679 (Wikipedia)
Wikipedia
  • lead section
    It was passed by what became known as the Habeas Corpus Parliament to define and strengthen the ancient prerogative writ of habeas corpus, which required a court to examine the lawfulness of a prisoner's detention and thus prevent unlawful or arbitrary imprisonment.
  • Infobox, royal_assent
    27 May 1679
  • Infobox, year
    1679
  • Infobox, parliament
    Parliament of England
  • Infobox, citation
    31 Cha. 2. c. 2
  • Infobox, territorial_extent
    England and Wales
  • Infobox, status
    Amended
  • In Group: Equality and Human Rights Acts of the United Kingdom and Ireland, Introduction, sentence 2
    It was passed by what became known as the Habeas Corpus Parliament to define and strengthen the ancient prerogative writ of habeas corpus, which required a court to examine the lawfulness of a prisoner's detention and thus prevent unlawful or arbitrary imprisonment.
View the Source
Wikidata: Habeas Corpus Act 1679
Wikidata Q492004, class allow-list match (w-wdresolver-0926)View the Source
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