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Habeas corpus, or the Great Writ, is the legal procedure that keeps the government from holding you indefinitely without showing cause. When you challenge your detention by filing a habeas corpus petition, the executive branch must explain to a neutral judge its justification for holding you.
Habeas Corpus Act of 1679. The writ of habeas corpus had its origins in British common law, predating Magna Carta. In its modern form, however, it was never enacted into law until the Habeas Corpus Act of 1679. Parliament passed the law during the reign of King Charles II (reigned 1660â1685) fearing that the kingâs Catholic brother James (reigned as James II, 1685â1688) might succeed him and disregard English liberties.