Due Process

Due process is the legal requirement that the state must respect all of the legal rights that are owed to a person. Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due-process violation, which offends against the rule of law.

Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process), so that judges - instead of legislators - may define and guarantee fundamental fairness, justice, and liberty. This interpretation has proven controversial, and is analogous to the concepts of natural justice, and procedural justice used in various other jurisdictions. This interpretation of due process is sometimes expressed as a command that the government must not be unfair to the people or abuse them physically.

Due process is not used in contemporary English law, though two similar concepts are natural justice (which generally applies only to decisions of administrative agencies and some types of private bodies like trade unions) and the British constitutional concept of the rule of law as articulated by A. V. Dicey and others. However, neither concept lines up perfectly with the American theory of due process, which, as explained below, presently contains many implied rights not found in the ancient or modern concepts of due process in England.

Due process developed from clause 39 of the Magna Carta in England. When English and American law gradually diverged, due process was not upheld in England, but did become incorporated in the Constitution of the United States.

Other articles related to "due process":

Due Process - By Jurisdiction - Others
... Various countries recognize some form of due process under customary international law ... Although the specifics are often unclear, most nations agree that they should guarantee foreign visitors a basic minimum level of justice and fairness ...
List Of United States Administrative Law Cases - Procedural Due Process
... Kelly (1970) - When does state or federal law create rights protected by due process? Mathews v ... Eldridge (1976) - What level of procedural due process is required? Londoner v ... City and County of Denver (1908)- Due process requirements for adjudication (c.f ...
List Of Landmark Court Decisions In The United States - Other Areas
... to free contract" or "liberty of contract" is implicit in the due process clause of the Fourteenth Amendment ... be entered as evidence and violates the Due Process Clause ... property rights on recipients, and their termination required procedural due process ...
List Of United States Supreme Court Cases By The White Court
1 (1915) Economic due process and yellow-dog contracts Burdick v. 441 (1915) denial of due process procedural protections for legislative and rulemaking acts, as opposed to adjudicatory proceedings Brushaber v. 590 (1917) Substantive due process, state's prohibition of employment agencies was unconstitutional under the Fourteenth Amendment Buchanan v ...
Sex Offender Registration By Country - United States - Constitutionality - Due Process Challenge
... statute did not violate the procedural due process of those to whom it applied, although the Court "expresses no opinion as to whether the State's law violates substantive due process ...

Famous quotes related to due process:

    The due process of law as we use it, I believe, rests squarely on the liberal idea of conflict and resolution.
    June L. Trapp (b. 1930)