what is due process of law

1 year ago 42
Nature

Due process of law is a legal principle that requires the state to respect all legal rules and principles pertaining to a case so that all legal rights owed to a person are respected. It is a constitutional requirement that when the government acts in a way that denies a citizen of a life, liberty, or property interest, the person must be given notice, the opportunity to be heard, and a decision by a neutral decision-maker. Due process has two components: procedural due process and substantive due process. Procedural due process concerns the procedures that the government must follow before it deprives an individual of life, liberty, or property, and it requires at a minimum notice, an opportunity to be heard, and an impartial tribunal. Substantive due process, on the other hand, limits laws and legal proceedings so that judges, instead of legislators, may define and guarantee fundamental fairness, justice, and liberty.