| 英文摘要 |
When habeas corpus and other judicial remedies are both available for dealing with a particular unlawful detention, it is always an essential but difficult question that which procedure should be invoked first. The current Habeas Corpus Act in Taiwan uses “immediate judicial review” as the criterion to tackle this issue. Under this criterion, only if a law entitles people with a chance to have access to an immediate judicial review on an unlawful detention , habeas corpus should be yielded to this proceeding. This paper would like to examine this criterion from two perspectives. Firstly, this paper would argue that based on a mischaracterization of habeas corpus only as a means to resolve emergent matters, thus, this criterion cannot be applied to some categories of detention, such as longterm detention. Secondly, as this criterion has not reflected the whole function of habeas corpus, therefore, it would be also difficult for this criterion to fulfill its goal of facilitating the construction of due process protection of personal liberty in a comprehensive way. |
