Long before the inclusion of bills of rights in written constitutions, the common law had great regard for the personal liberty of the individual. This was realised through the writ of habeas corpus which was available to protect anyone unlawfully deprived of their liberty. This ancient writ has not only survived at common law; it also remains active in contemporary judicial pronouncements. The writ has received acceptance by modern constitutions in different countries as a fundamental right enforcement process. This article examines the judicial application of that process in Lesotho within the constitutional framework of the protection of the right to personal liberty; depicting the acceptable parameters as would make the reliance on that process by individuals and the courts a more effective tool in affording reliefs to persons who are deprived of their constitutionally protected personal freedom.

早在将权利法案纳入成文宪法之前，普通法就非常重视个人的人身自由。这是通过人身保护令来实现的，该令状可用于保护任何被非法剥夺自由的人。这份古老的令状不仅在普通法中幸存下来；它还在当代司法声明中保持活跃。该令状已被不同国家的现代宪法接受为基本权利执行程序。本文考察了莱索托在保护人身自由权的宪法框架内对该程序的司法适用；