Habeas corpus et Rule of law en Angleterre, vers 1885-1914‪

This article explores understandings of the notion of the ‘rule of law’ in late Victorian and Edwardian England, by examining the use of the writ of habeas corpus, the famous ‘writ of liberty’ used to free people who were illegally detained. Three different kinds of cases are explored, involving English litigants, European political prisoners resisting extradition, and African chiefs detained by the colonial authorities for political reasons. A study of these cases shows that the judges’ understanding of how to apply the rule of law varied significantly according to context.