July 19th, 2013 | By admin
Martial law is the imposition of military rule by military authorities over designated regions on an “emergency” basis. Martial law is “usually” imposed on a “temporary” basis when the civilian government or civilian authorities aka local Police & Highway Patrol fail to function effectively (e.g., maintain order and security, or provide essential services), when there are extensive riots and protests, or when the disobedience of the law becomes widespread. Fundamentally it is a requirement put on civilian government when they fail to function correctly.
Certain civil liberties may be suspended, such as the right to be free from unreasonable searches and seizures, freedom of association, and freedom of movement. And the writ of Habeas Corpus may be suspended (this writ allows persons who are unlawfully imprisoned to gain freedom through a court proceeding).
A writ of habeas corpus (Latin: “may you have the body”) is a writ (legal action) that requires a person under arrest to be brought before a judge or into court.The principle of habeas corpus ensures that a prisoner can be released from unlawful detention—that is, detention lacking sufficient cause or evidence. The remedy can be sought by the prisoner or by another person coming to the prisoner’s aid. This right originated in the English legal system, and is now available in many nations. It has historically been an important legal instrument safeguarding individual freedom against arbitrary state action.