Bruce:

You are certainly correct about the Brits attitude toward Magna Carta. A short time ago, while near Runnymede, I happened to ask some Brits if it were possible to see the Great Charter at Runnymede. to my surprise, no one seemed to even be aware that it was *signed* at Runnymede and there was no memorial / recognition of that fact. Only later, was I to learn that indeed there was an effort to establish a memorial at Runnymede – it was being funded by the AMERICAN Bar Association. The Brits did not appear to give a hoot about it!

And yet, over the course of the past 5-6 centuries, skillful Brit pols AND Judges did resort to the rights inherent in the Great Charter. Many of the fights over the Monarch’s prerogative power / courts were predicated upon those Charter rights. Eventually, the Judges prevailed and “due process” or as the Brits referred to it “under the law of the land” was both resuscitated and expanded.

Sadly, in America, it is the Judiciary who has enabled the deterioration of due process by “deferring” to the power of the Executive and the Legislature. It is, perhaps, further along the path to extinction than your essay portrays – at least in the area of Administrative Law where due process has been transformed into “whatever process is due.” Executive agencies 1) make law, 2) prosecute offenses (often creating offenses out of whole cloth in the process) 3) adjudicate offenses and impose penalties. Kind of a neat trick – you get everything in one basket – Legislature, Police / Investigator, Judge and Jury all rolled up into some petty bureaucrat. Deceased members of the Star Chamber must be rejoicing in their graves in the knowledge that they were ahead of their time.