Due process is a
legal term, commonly used in the
US. It refers to a requirement that legal proceedings be followed according to the
rule of law.
The concept of due process is embodied within the
Constitution within the prohibition against any
bill of attainder or
ex post facto law[?] of Article 1. In addition, two due process clauses are contained in amendments to the Constitution.
- In the 5th Amendment (applicable to the federal government):
- In the 6th Amendment:
- In the 14th Amendment (requiring regional state governments to practice due process):
- No state shall make or enforce any law which shall abridge the privileges or immunities of citizens...nor deprive any person of life, liberty, or property, without due process of law; nor deny...equal protection of the laws."
There are two aspects to the protection provided:
- Substantive aspect - This protection extends to forbidding state governments from unfairly taking property or otherwise inappropriately interfering with its use.
- Prodedural aspect - A person is guaranteed fair procedures will be applied. Fair procedures include 1) notice prior to a deprivation of life, liberty, or property, and 2) the right to a hearing (although not necessarily a formal judicial proceeding) prior to such deprivation.
See also: Chief Justice Warren