From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
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.
- Affording someone the opportunity to be heard is another such step before a deprivation.
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. Sometimes, "fundamental rights" are said to be protected by substantive due process.
External links[edit | edit source]
- 14th Amendment Due Process Clause, Quimbee