Article

Guantanamo Justice

Today's landmark US Supreme Court decision has settled once and for all that the ancient right of habeas corpus extends to the detainees of Guantanamo Bay. Habeas corpus grants every individual in the custody of the US government the right to challenge the basis for their detention in a court of law. By so limiting the power of the executive, it is the fundamental principle that goes so deeply to the heart of our system of government: it defines the distinction between dictatorship and the rule of law.

Today’s landmark US Supreme Court decision has settled once and for all that the ancient right of habeas corpus extends to the detainees of Guantanamo Bay. Habeas corpus grants every individual in the custody of the US government the right to challenge the basis for their detention in a court of law. By so limiting the power of the executive, it is the fundamental principle that goes so deeply to the heart of our system of government: it defines the distinction between dictatorship and the rule of law.

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Authors

Ken Gude

Senior Fellow

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