due process

noun

1

: a course of formal proceedings (such 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 provisions that result in the unfair, arbitrary, or unreasonable treatment of an individual

called also substantive due process

Examples of due process in a Sentence

Due process requires that evidence not be admitted when it is obtained through illegal methods.

Recent Examples on the Web

Ver contends that the expatriation exit tax regime oversteps due process protections by being overly punitive, vague, and burdensome. —Virginia La Torre Jeker, J.d., Forbes, 6 Dec. 2024

Chesebro's attorney, Manny Arora, argued in the filing that maintaining the plea would violate his client's due process rights. —Jason Fields, Newsweek, 5 Dec. 2024

So much for allowing democracy and the two-party system to prevail gracefully and accepting the due process of the American electoral system with class and dignity. —Reader Commentary, Baltimore Sun, 22 Nov. 2024

On Wednesday, a two-judge bench of the Supreme Court ruled that the state and its officials cannot take arbitrary action against suspects or convicts without following the due process of law. —Reuters, NBC News, 14 Nov. 2024

Word History

First Known Use

15th century, in the meaning defined at sense 1

Legal Definition

due process

noun

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

Note: 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