Acta Universitatis Danubius. Juridica, Vol 14, No 3 (2018)

Abstract

This paper discusses the institute of habeas corpus, its origin and development. In this paper will also be presented certain comparative solutions, in particular with regard to European Countries, to determine that this institute is today one of the greatest achievement accepted universally by liberal constitutional democratic states. There is no doubt that this institute has its historical roots such as in France after the 1789 revolution. However, its development is reflected as quit slow compared to its fast presence in the post-revolutionary France.

The paper provides also a clear picture of the judicial practice on the European level, national and the reaction of the ECtHR.

Part of the discussion in this paper will also be the philosophical ideas which has given birth to the institute of habeas corpus and the fight which has been done by humanity in order to gain and protect it through constitutional guarantees of personal freedom.