Which concept refers to the ability of a law to protect an individual from arbitrary detention?

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The concept that refers to the ability of a law to protect an individual from arbitrary detention is habeas corpus. This legal principle is fundamental to ensuring that individuals cannot be detained without just cause or due process. It grants a person the right to challenge their detention before a court, allowing a judge to determine whether the detention is lawful. The term "habeas corpus" translates to "you shall have the body," which emphasizes the right to be brought before the court to assess the legality of one's imprisonment.

In contrast, due process encompasses the broader legal requirement that the state must respect all legal rights owed to a person, including fair treatment in the judicial process. A writ of mandamus is a court order compelling a government official to perform a duty. Judicial review is the power of courts to assess whether a statute, regulation, or executive action is in compliance with the constitution. While these concepts are crucial in the legal system, they do not specifically address the protection against arbitrary detention as effectively as habeas corpus.

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