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

Three years before that, federal courts blocked an executive order issued by then-President Donald Trump to ban TikTok after the company sued on the grounds that the order violated free speech and due process rights. —Haleluya Hadero, Fortune, 24 Apr. 2024

Congress to fast-track TikTok ban bill 04:46 In 2020, federal courts blocked an executive order issued by then-President Donald Trump to ban TikTok after the company sued on the grounds that the order violated free speech and due process rights. —CBS News, 20 Apr. 2024

In his view, this causes capital punishment to violate due process. —Ron Matthias, The Mercury News, 20 Apr. 2024

Disney filed a series of counterclaims on top of filing a complaint in federal court, including for breach of contract and violations of the Florida constitution over its due process and free speech rights. —Winston Cho, The Hollywood Reporter, 27 Mar. 2024

The lawsuit alleges five different violations of Disney’s constitutional rights by DeSantis, including two free speech violations, a property rights violation, a due process violation and a violation of the contracts clause. —USA TODAY, 27 Mar. 2024

Now that she's overcome the initial shock of learning her husband has been accused of committing the community's most infamous cold case murders, however, she's decided to let due process unfold while remaining skeptical of the allegations, Macedonio added. —Michael Ruiz, Fox News, 14 Mar. 2024

Lowell also argued that IRS agents Gary Shapley and Joseph Ziegler trampled Biden’s due process rights by giving rounds of news interviews on the case and releasing confidential tax documents to the public. —James Queally, Los Angeles Times, 2 Apr. 2024

Palestinians and human rights groups say the system is awash in violations of due process and almost always renders guilty verdicts, with 95% of military court hearings ending in convictions, according to the Israeli watchdog Military Court Watch. —NBC News, 1 Mar. 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