Due process refers to the legal principle that the government must respect all legal rights owed to a person according to established rules and principles before depriving them of life, liberty, or property. It ensures fairness and prevents arbitrary government actions by requiring proper procedures and safeguards in legal matters
. In the United States, due process is guaranteed by the Fifth Amendment, which limits the federal government, and the Fourteenth Amendment, which extends these protections to state and local governments. Both amendments prohibit deprivation of life, liberty, or property without due process of law
. Due process includes two main types:
- Procedural Due Process : Requires that individuals receive notice, an opportunity to be heard, and a neutral decision-maker before the government takes action affecting their rights
- Substantive Due Process : Protects certain fundamental rights from government interference, even if procedural protections are present, ensuring laws themselves are fair and reasonable
Historically, due process traces back to the Magna Carta (1215), which promised that no free person would be deprived of rights except by lawful judgment or the law of the land
. Overall, due process acts as a safeguard against governmental overreach, ensuring legal fairness in both criminal and civil matters and protecting individual rights from arbitrary or unjust government actions
