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The Factors Affecting formed by the common law due process

Author: YuXiaoPing
Tutor: WeiJianGuo
School: Heilongjiang University
Course: Legal History
Keywords: Natural Law Anglo-American law due process Writ system Trial by Jury Constitutional Review
CLC: D909.9
Type: Master's thesis
Year: 2009
Downloads: 25
Quote: 0
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The theory discussed in common law due process influencing factors , the concept of natural law is to provide for the concept of foundation . The multiple power game in the Middle Ages in Western Europe , resulting in limited rationality , brewing of multiple subjects , and to promote its formation through consultations rational . These factors provide a historical basis . Due process is the formation of law in the United Kingdom . Writ made ??by forming the right concept of judicial proceedings must relief just to ensure that the parties equal opportunities , supreme judicial relief , writ system by providing a guarantee of the rights of the parties established British law program . Such writ of Justice into the due process and provide an opportunity to form . Highlights the universality of the program , the extensive public participation in the jury system and the openness of the jury system, the program is an inherent requirement of due process , and the pursuit of fairness and justice in the jury system, cast the soul of due process . Therefore , the jury system is the manifestation of the due process . Follow precedent and experience rational fit to pass along to ensure due process . Written into the written constitution of the United States , due process and the Constitutional Review provides an opportunity for the generation of substantive due process , judicial precedents to promote its development .

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