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Due process: Difference between revisions
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Under the [[Constitution of the United States]], lawyers speak of 2 types of "due process." | Under the [[Constitution of the United States]], lawyers speak of 2 types of "due process." | ||
'''Procedural due process''' requires the government to take certain steps before depriving anyone of (1) life, (2) liberty, or (3) property. | '''Procedural due process''' requires the government to take certain steps before depriving anyone of (1) life, (2) liberty, or (3) property. Sending someone a notice is 1 such step. | ||
'''Substanative due process''' means individuals have certain rights the government may not restrict without strong justification. Typically, substantive rights are not expressly mentioned in the U.S. Constitution. | '''Substanative due process''' means individuals have certain rights the government may not restrict without strong justification. Typically, substantive rights are not expressly mentioned in the U.S. Constitution. | ||
Revision as of 11:35, May 24, 2023
Under the Constitution of the United States, lawyers speak of 2 types of "due process."
Procedural due process requires the government to take certain steps before depriving anyone of (1) life, (2) liberty, or (3) property. Sending someone a notice is 1 such step.
Substanative due process means individuals have certain rights the government may not restrict without strong justification. Typically, substantive rights are not expressly mentioned in the U.S. Constitution.
External links
- 14th Amendment Due Process Clause, Quimbee
