Define: Substantive Due Process

Substantive due process is a legal concept that protects individuals from arbitrary or unreasonable government actions that infringe upon their fundamental rights.

Substantive due process protects fundamental rights such as the right to privacy, the right to marry, the right to raise children, and the right to bodily autonomy.

Procedural due process focuses on the procedures that the government must follow when depriving someone of their life, liberty, or property, while substantive due process focuses on the substance of the government action itself.

Courts typically apply a heightened standard of review, such as strict scrutiny, when evaluating substantive due process claims to determine if the government action is narrowly tailored to serve a compelling state interest.

Yes, substantive due process can be used to challenge laws that infringe upon fundamental rights, such as laws that restrict access to abortion or same-sex marriage.

Courts play a crucial role in protecting substantive due process rights by reviewing government actions to ensure they do not violate individuals’ fundamental rights.

Substantive due process rights cannot be waived by individuals, as they are considered fundamental rights that are protected by the Constitution.

Substantive due process rights are not absolute and can be limited by the government if there is a compelling state interest and the restriction is narrowly tailored to achieve that interest.

Substantive due process can be invoked in criminal cases to challenge laws or government actions that infringe upon fundamental rights, such as the right to a fair trial.

If you believe that a government action has violated your substantive due process rights, you can assert a claim by filing a lawsuit in federal or state court and seeking legal representation to help you navigate the legal process.