In the case of Portugal's constitutional court, Friday's verdict came after it started in January its review of the legality of the 2013 budget provisions.
The writ, which has its origins in the Magna Carta, guarantees prisoners the right to seek court review of the legality of their detention.
The question now before us is whether the habeas statute confers a right to judicial review of the legality of Executive detention of aliens in a territory over which the United States exercises plenary and exclusive jurisdiction, but not "ultimate sovereignty".
"By refusing to hear these cases, and any Guantánamo cases since its 2008 Boumediene decision, the court abandons the promise of its own ruling guaranteeing detainees a constitutional right to meaningful review of the legality of their detention," Vincent Warren, executive director of the Center for Constitutional Rights, said in a statement.
In the landmark 2008 case Boumediene v. Bush, the Supreme Court ruled that Guantánamo detainees were entitled to "meaningful judicial review" of the legality of their detentions, via the writ of habeas corpus — a constitutional check obligating the government to demonstrate a sufficient factual and legal basis for imprisoning someone.
Russian President Dmitry Medvedev has ordered a review of the legality of the conviction of former tycoon Mikhail Khodorkovsky.
The statement said that Prosecutor General Yuriy Chaika must by 1 April conduct a "review of the legality and basis of convictions of Russian citizens" including Khodorkovsky and his co-accused Platon Lebedev.
In related Uber news, a group of supporters of London's black cab taxis this week kicked off a crowdfunding campaign they're hoping will finance an application to secure a judicial review of the legality of Uber's PHV licence — arguing that TfL failed to uphold the existing law when it granted Uber a licence to operate in 2012.
He recovered and in March 2000 asked for a judicial review of the legality of the decision to force-feed him, but was refused permission.
He claimed that, based on his evaluation of risks to national security, he could arbitrarily exclude travelers from selected Muslim countries, without any judicial review of the legality of his executive order.
"The disclosures make it more difficult for the government to argue that there should be no judicial review of the legality of government surveillance we now know implicates the communications of millions of Americans," said Jonathan Hafetz, a law professor at Seton Hall University.
