Political Dictionary
Due process requires government to follow fair procedures and respect certain fundamental rights.
Definition
Due process protections appear in the Fifth and Fourteenth Amendments. Procedural due process requires fair procedures before government deprives a person of life, liberty, or property. Substantive due process concerns whether certain government actions are constitutionally permissible regardless of procedure.
Why It Matters
Due process protects people from arbitrary government action.
How It Works
Courts evaluate the interest at stake, the procedures used, and the constitutional justification for government action.
History
The concept developed from English legal traditions and was incorporated into American constitutional law.
Example
A person generally must receive notice and an opportunity to respond before certain government benefits are terminated.
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