There isn't an absence of religious influence in legal process. It's well documented that some of the underlying principles of the American legal system are based in part on Judeo Christian ethic. Not entirely, of course, there are many other influences, but anyone who believes that Western culture, including our judicial and political processes hasn't been influenced by Judeo Christian ethic hasn't been reading the same history books I have.
Not saying it's terrific, just that it's a fact of history.
From Wiki:
Western thought as we think of it today, is shaped by ideas of the 1900s and 1800s, originating mainly in Europe. What we think of as Western thought today is defined as Greco-Roman and Judeo-Christian culture, the Renaissance, the Enlightenment and colonialism. As a result, the term "Western thought" is, at times, unhelpful and vague, because it can define separate, though related, sets of traditions and values:
- The Christian moral tradition and respective set of religious values;
- The humanist tradition and set of secular values, often with rationalist, anti-clerical beliefs;
Several ideas in the Constitution were new, and a large number were drawn from the literature of Republicanism in the United States, the experiences of the 13 states, and the British experience with mixed government. The most important influence from the European continent was from Montesquieu, who emphasized the need to have balanced forces pushing against each other to prevent tyranny. (This in itself reflects the influence of Polybius's 2nd century BC treatise on the checks and balances of the constitution of the Roman Republic.) British political philosopher John Locke was a major influence, and the due process clause of the Constitution was partly based on common law stretching back to Magna Carta (1215). [ 10 ]
I'd like to point out that one of the reasons that the Magna Carta was drawn up in the first place was to try to control the election of the Archbishop of Canterbury because as the Pope's representative in England, he had authority over the King himself.
So, the conflict of whether religious authority supercedes secular has been around as long as human government itself. Some forms of governance attempted to solve the conflict by simply declaring the human entities in control as the representatives of God or the gods, or making them deities themselves.
It's only been in more recent times that there was some attempt to secularize government...but I'm sure it will take more time for government to become completely secular, if ever. I'm just not sure we're there yet as a culture. There are still a majority in most countries who while perhaps not as church oriented as in the past, still give a nod to the religious or have spiritual beliefs that they want acknowledged by government in some respect.