Talk:Due process

From Wikipedia, the free encyclopedia
Jump to: navigation, search


This article suggests that “due process” is rather more an American than a British concept. However, the Leveller “Agreement of the Free People of England” of 1649 clearly contains the essential elements of “due process,” as that term is used in the United States Constitution of 1789 and the 14th Amendment of 1866. The “Agreement” calls for jury trials; it requires that no one be subject to loss of life, liberty or property unless by way of a law promulgated by a representative legislature; that no defendant be required to testify under oath against him or herself; and that the person accused has the right to representation by counsel. Perhaps someone with a better understanding of the unwritten British constitution than my own can advise whether or not the “Agreement” forms any part of British constitutional law. (talk) 16:54, 21 December 2011 (UTC)