Define: Due Process

Due process refers to the principle that individuals are entitled to fair treatment and procedural protections under the law, particularly when their rights, interests, or liberties are at stake. Rooted in the concept of fundamental fairness, due process ensures that government actions adhere to established legal procedures and safeguards to prevent arbitrary or unjust treatment. It encompasses both procedural due process, which involves the right to notice and a meaningful opportunity to be heard before being deprived of life, liberty, or property, and substantive due process, which safeguards certain fundamental rights against infringement by the government. Due process rights are enshrined in various legal instruments, including constitutional provisions, statutes, and judicial decisions, and apply in a wide range of legal proceedings, such as criminal trials, civil litigation, administrative hearings, and regulatory actions. The exact requirements of due process may vary depending on the context and the nature of the rights or interests involved, but they generally include elements of notice, impartial adjudication, the right to present evidence and arguments, and the right to appeal adverse decisions. Due process is a fundamental aspect of the rule of law and serves as a cornerstone of a fair and just legal system.

Due process is a judicial constitutional guarantee that no judgement can be rendered in the absence of a just legal proceeding.

Due process is warranted by the United States Constitution. The Fifth Amendment to the Constitution states that “no person shall . . . be deprived of life, liberty, or property, without due process of law.” In other words, due process ensures that the accused is afforded a fair and impartial trial. Due process also provides that the person is to be given advance notice of trial, the right to counsel, and the right to question witnesses. Due process must also protect the right to refuse self-incriminating statements and the right of proof beyond a reasonable doubt. As such, due process serves as an important check on the government influence, guarding individual rights and liberties. The procedural margins of due process are almost without limit. Thus, due process interpretations are subject to constant judicial debate. Due process is also referred to as a procedural due process.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.