The History Of The English Common Law Has Been The History Of Remedies – Part 1
“If habeas corpus were abolished we may find our hard-won freedoms diminished and ourselves as vassals to an over-mighty executive set loose from the restraint of the law”. The history of the English common law has been the history of remedies, but under the doctrine of Public Law IN THE SUPREME COURT OF JUDICATURE children and parents are afforded no such privilege. ~ Michael Shrimpton
The father, as the natural guardian of his legitimate child, could enforce his right to custody in the common law courts by issuing a writ of habeas corpus, and he would be successful unless the child were in danger of being exposed to cruelty or contamination by some exhibition of… gross profligacy or corruption’.
How does this principle apply to common law in our current time?
“Insuperable difficulties would frustrate any attempt to present a coherent and concise account of the scope for judicial review in habeas corpus proceedings, for the case-law is riddled with contradictions.”
“Public law is not at base about rights, even though abuses of power may and often do invade private rights; it is about wrongs – that is to say, misuses of public power.”