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Jurisdiction and Power: Habeas Corpus and the Federal Court

David Clark

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Abstract

This paper criticises the distinction made in Ruddock v Vadarlis that the Federal Court may not issue a writ of habeas corpus, though it may issue an order in the nature of a writ of habeas corpus. The paper argues that the Federal Court may issue a writ of habeas corpus and identifies three statutory bases for this conclusion. The paper also argues that the court in Ruddock v Vardarlis misunderstood the writ in assuming that it was less flexible than it actually is; and that the conclusion reached in that case was unnecessary given the findings actually made by the court.

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What this paper is about

This paper criticises the distinction made in Ruddock v Vadarlis that the Federal Court may not issue a writ of habeas corpus, though it may issue an order in the nature of a writ of habeas corpus. The paper argues that the Federal Court may issue a writ of habeas corpus and identifies three statutory bases for this conclusion. The paper also argues that the court in Ruddock v Vardarlis misunderstood the writ in assuming that it was less flexible than it actually is; and that the conclusion reached in that case was unnecessary given the findings actually made by the court.

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Available abstract

This paper criticises the distinction made in Ruddock v Vadarlis that the Federal Court may not issue a writ of habeas corpus, though it may issue an order in the nature of a writ of habeas corpus. The paper argues that the Federal Court may issue a writ of habeas corpus and identifies three statutory bases for this conclusion. The paper also argues that the court in Ruddock v Vardarlis misunderstood the writ in assuming that it was less flexible than it actually is; and that the conclusion reached in that case was unnecessary given the findings actually made by the court.

Key concepts: Habeas corpus, Writ, Law, Jurisdiction, Federal court, Political science, Federal jurisdiction, Statutory law

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