The law of habeas corpus in Ireland

The history, scope of review and practice under Article 40.4.2 of the Irish Constitution

Kevin Costello

This study describes the evolution of the habeas corpus remedy in Ireland from the Elizabethan era to the enactment of Article 40.4. It analyses the scope of the judicial enquiry under Article 40.4.2. It describes the operation of the remedy in three contexts in which it now functions: detention in the course of the criminal prosecution, administrative detention under the immigration and mental health codes, and detention incidental to civil litigation.

Kevin Costello is a lecturer in the faculty of law, University College Dublin.