While due process is most often associated with the U.S. Constitution, the concept is English: "due process of law should be observed. Most U.S. lawyers, even academics, tend to give the impression that the phrase 'due process' is a U.S. invention. Although discussion of due process of law today most commonly occurs in the context of constitutional theory, many of its fundamental principles actually originated in Magna Carta, which laid the foundation centuries ago."[1] it is also used in American state and local law, as well as in other countries, especially those under common law. It can be summarized as an assumption that judicial and quasi-judicial procedures must operate within legal codes and with fairness.[2]
One well-known checklist was developed by Judge Henry Friendly:[3]