I’ve extensively studied British history and British legal history specifically. What’s striking is that America, for all the influences on it, has displayed such remarkable continuity with British tradition.
Obviously there’s differences in application of those concepts after hundreds of years. But the point is that when Bangladesh drafted a modern constitution, it reached for concepts dating back to 13th century England. Democracy as we understand it was a long time in the making. They didn’t reach back to the Mughals or the Nawabs of Bengal. This was no indigenous foundation for law-based democratic society. And experience has proven that you can’t transmit such a system from one society to another with ideas or words on paper. It’s the organic result of mother teaching child over generations.
Remember, the american revolutionaries were fighting to vindicate what they saw as the ancient rights of Englishmen, unlike say the french revolutionaries who sought to institute a new regime.
You haven't studied well enough as due process being largely secondary to both royal prerogative and parliamentary sovereignty, with there being (even to this day) a scepticism and sometimes outright hostility to the role and scope of the judiciary, is something you missed.
Obviously there’s differences in application of those concepts after hundreds of years. But the point is that when Bangladesh drafted a modern constitution, it reached for concepts dating back to 13th century England. Democracy as we understand it was a long time in the making. They didn’t reach back to the Mughals or the Nawabs of Bengal. This was no indigenous foundation for law-based democratic society. And experience has proven that you can’t transmit such a system from one society to another with ideas or words on paper. It’s the organic result of mother teaching child over generations.
Remember, the american revolutionaries were fighting to vindicate what they saw as the ancient rights of Englishmen, unlike say the french revolutionaries who sought to institute a new regime.