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

The administration temporarily halted migrant transfers to the base after media reports alleged substandard conditions and the ACLU and other organizations sued, alleging detainees had no access to attorneys, family or due process. —Lauren Villagran, USA TODAY, 5 Mar. 2025

As asylum-seekers and their families face prolonged uncertainty, the judge fears that due process is no longer a priority. —Dan Perry, Newsweek, 28 Feb. 2025

In 1923, the Court ruled that the trial of the Elaine Twelve had been a travesty of due process and justice under mob rule. —Christmaelle Vernet & Kathy Roberts Forde / Made By History, TIME, 28 Feb. 2025

For example, California passed a law to clarify that charter school students have the same due process rights as traditional public school students after a court ruled otherwise. —Suzanne Eckes, The Conversation, 27 Feb. 2025

Word History

First Known Use

15th century, in the meaning defined at sense 1

Rhymes for due process

• abs
• acquiesce
• ancestress
• authoress
• coalesce
• decompress
• dispossess
• faithfulness
• letterpress
• mayoress
• murderess
• nonetheless

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