The Journal of Public and International Affairs
Published since 1886 by the Academy of Political Science
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pp. 547-578
The Influence of Magna Carta in Limiting Executive Power in the War on Terror
Eric T. Kasper examines the use of Magna Carta by U.S. federal courts in enemy combatant cases. He traces the history of due process, jury trial, and habeas corpus rights within Magna Carta as well as subsequent legal documents and rulings in England and America. He concludes that Magna Carta is properly used by the federal courts as persuasive authority to limit executive power in the war on terror.
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