Common Law Tradition, As The Origin Of Due Process

Due process is the nuclear content of modern constitutionalism, which is the outcome of Anglo-American common law. The article attempts to analyze its contributions to due process' produce and continuance according to the research on the tradition of common law. First, the author analyzes the judicature unity process in English and its influences on the common law's procedural character. The procedural character got its name just because the following three reasons :the form process of England judicature unity system and its special historical condition; and the common law was originally developed from Royal Circuit Court. Meanwhile, England formed the common law's non-national character and its administrative super-personal character, which strengthened the process's status immaterially. Secondly, the author analyzes the jury system in common law, which last longest in tradition, and finds its coincidence with the due process's spirits to prove that the tradition of common law contains due process per se., Finally, the author probes into legal professional community. The common law's procedural character founds its independent legal professionalisms,which is endued with professional character——mysterious character. Legalprofessionalisms confronted autocratic diadem and Roman law at the critical moment, which made the common law continuous existence. Without the efforts of England legal professional community, common law' procedural character would have been replaced with Roman law's so-called "entity".