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在英国宪法中,正当法律程序原则的产生可以溯源于《大宪章》,它被视为权利和自由的基石。美国继承了这一原则,并加以创造性的发展。在美国,正当法律程序分为程序性的和实质性的,而后者是英国没有的。并且美国的正当法律程序原则往往和司法审查制度结合在一起,被用来审查联邦和州的立法,这种运作方式也是英国所陌生的。产生这些差别的原因在于英美之间在宪法观及权利观念上的不同认识。
In the British Constitution, the principle of due process of law can be traced back to the Magna Carta, which is regarded as the cornerstone of rights and freedom. The United States has inherited this principle and creatively developed it. In the United States, due process of law is divided into procedural and substantive, while the latter is not available in the United Kingdom. And the principle of due process in the United States is often combined with the judicial review system, which is used to examine federal and state legislation. This mode of operation is also unfamiliar to the United Kingdom. The reason for these differences lies in the different understandings of Anglo-American views on constitutional concepts and rights.