Habeas Corpus Australia, New Zealand and The South Pacific

The second edition of this text includes all new material on Habeas Corpus and brings the subject up to date given the very large number of changes that have occurred since the first edition published in 2000. The main changes include: 1. The enactment of the Habeas Corpus Act 2001 (NZ) and the large body of case law that has ensued. 2. The change in nearly all of the relevant rules of court for almost every jurisdiction. 3. Important shifts in the areas in which habeas corpus operates: 4. While the first edition stressed the origins of the remedy and the older cases, the new edition retains some of this, but the cases since 2000 are given priority. 5. A significant increase in materials now available from Pacific Island jurisdictions. 6. Some material from outside the jurisdictions covered is included for contrast and for important points not yet taken in the jurisdictions listed below that are the subject of this book.

1. Introduction 2. The Habeas Corpus Legislative Provisions 3. Bail 4. The Scope of Review 5. Habeas Corpus and the Vulnerable: Children, Mental Patients and the Elderly 6. Standing and Representation 7. The Grounds of Review 8. Territorial Limits 9. Habeas Corpus and Emergencies 10. Practice and Procedure

David Clark BA(Hons) LLB(Otago) D Phil(Oxon) is Emeritus Professor of Law at Flinders University. Gerard McCoy has been an Adjunct Professor of Law at the University of Canterbury for 20 years and has taught administrative and constitutional law in universities throughout Australasia, Asia and Europe.