due process


due process
due process n
1: a course of formal proceedings (as judicial proceedings) carried out regularly, fairly, and in accordance with established rules and principles – called also procedural due process;
2: a requirement that laws and regulations must be related to a legitimate government interest (as crime prevention) and may not contain provisions that result in the unfair or arbitrary treatment of an individual – called also substantive due process;
◇ The guarantee of due process is found in the Fifth Amendment to the Constitution, which states “no person shall...be deprived of life, liberty, or property, without due process of law,” and in the Fourteenth Amendment, which states “nor shall any state deprive any person of life, liberty, or property without due process of law.” The boundaries of due process are not fixed and are the subject of endless judicial interpretation and decision-making. Fundamental to procedural due process is adequate notice prior to the government's deprivation of one's life, liberty, or property, and an opportunity to be heard and defend one's rights to life, liberty, or property. Substantive due process is a limit on the government's power to enact laws or regulations that affect one's life, liberty, or property rights. It is a safeguard from governmental action that is not related to any legitimate government interest or that is unfair, irrational, or arbitrary in its furtherance of a government interest. The requirement of due process applies to agency actions.
3: the right to due process
acts that violated due process

Merriam-Webster’s Dictionary of Law. . 1996.

due process
noun due process of law, legal fairness, legal safeguards, protection against deprivations, protection guarantees, protection of deprivation of accepted legal principles Generally:{{}}fundamental fairness Specifically:{{}}Fifth Amendment, Fourteenth Amendment associated concepts: procedural due process, right to confront accuser, substantive due process

Burton's Legal Thesaurus. . 2006


due process
n. A Constitutionally determined doctrine requiring that any legal proceeding or legislation protect or respect certain rights of the persons or groups involved in the proceedings or affected by the legislation.
@ procedural due process
The requirement that a legal proceeding affords an affected person, such as the defendant in a criminal case, certain rights such as that of notice of the charges or claims, and an opportunity to contest them before a neutral tribunal. These rights are defined by the Fifth and Fourteenth Amendments to the United States Constitution and by court cases thereunder.
=>> due process.
@ substantive due process
The Constitutional requirement that federal, state, and local legislation should not interfere with the rights defined by the Fifth and Fourteenth Amendments, unless such legislation serves a compelling governmental interest in the subject matter, and utilizes the least restrictive means to accomplish that interest.
=>> due process.
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Webster's New World Law Dictionary. . 2000.

Look at other dictionaries:

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  • due process — n [U] AmE law the correct process that should be followed in law and is designed to protect someone s legal rights …   Dictionary of contemporary English

  • due process — noun uncount AMERICAN LEGAL the correct way of dealing with a legal trial or other legal matters, that makes sure that people s rights are protected …   Usage of the words and phrases in modern English

  • due process — Legal proceedings carried out fairly and in accord with established rules and principles. Due process standards are sometimes referred to as either substantive or procedural. Substantive due process refers to a requirement that laws and… …   Universalium

  • due process — noun Date: 1791 1. a course of formal proceedings (as legal proceedings) carried out regularly and in accordance with established rules and principles called also procedural due process 2. a judicial requirement that enacted laws may not contain… …   New Collegiate Dictionary

  • due process — n. (legal) to observe due process * * * (legal) to observe due process …   Combinatory dictionary

  • due process — (also due process of law) noun fair treatment through the normal judicial system …   English new terms dictionary

  • due process — /dju ˈproʊsɛs/ (say dyooh prohses) noun the proper legal procedures which enshrine the rights of an individual, and which should not be tampered with, especially by governments. Also, due process of law …   Australian English dictionary

  • due process — See due process of law …   Ballentine's law dictionary


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