Copyright © Philip M. Parker, INSEAD. Terms of Use.
Definition: Due Process |
Due ProcessNoun1. (law) the administration of justice according to established rules and principles; based on the principle that a person cannot be deprived of life or liberty or property without appropriate legal procedures and safeguards. Source: WordNet 1.7.1 Copyright © 2001 by Princeton University. All rights reserved. |
| Domain | Definition |
Computing | In the context of personal information databank systems, deals with the right of the subject to know the information stored about him in a databank system and to challenge the veracity of such information. Source: European Union. (references) |
Source: compiled by the editor from various references; see credits. | |
(From Wikipedia, the free Encyclopedia)
Procedural due process as a bare minimum includes an individual's right to be adequately notified of charges or proceedings involving him, and the opportunity to be heard at these proceedings. The Fifth Amendment contains a guarantee of basic due process applicable only to actions of the federal government. The 14th Amendment applies due process guarantees to the States. State constitutions also have their own guarantees of due process that may extend even more protection to individuals than under federal law.
Specific Procedural Guarantees in the Constitution and Incorporation'
In addition, the main articles of the Constitution as well as the other amendments in the Bill of Rights contain many specific procedural guarantees, particularly in the context of criminal prosecution. The Bill of Rights was originally written to limit only the federal government. However, most of its guarantees are considered either part of the "privileges and immunities" of federal citizenship or a necessary part of liberty and due process, and so have been incorporated by the 14th Amendment's due process clause so as to also apply equally to the States. The exceptions are the Fifth Amendment right to an indictment by a grand jury, and the Seventh Amendment right to a jury trial in civil cases. These rights apply only in federal courts.
Below is a list of explicit procedural guarantees in the Constitution.
Though on its face, the idea that due process is not only procedural but substantive seems paradoxical, the boundary between substance and procedure is in fact far from exact. The Supreme Court has held for most of its history that due process must include limits not only on how laws are passed or enforced, but on what kind of laws may be imposed by majorities upon minorities and individuals. The court has consistently viewed the due process clause as embracing those rights that are "implicit in ordered liberty." Just what these rights are is not always clear. Throughout the court's history, substantive due process has protected such uncontroversial rights as marriage and raising children. However, what are seen as past abuses and present excesses of this doctrine continue to spur debate over its use.
The idea of substantive due process is loosely descended from the Magna Carta. Following the Magna Carta's promulgation, judges found they had the power to overrule laws and judgments at odds with the law of the land. This was to some extent an outgrowth of the common law's philosophical reliance on natural law and the western idea that some laws could be "unlawful."
Substantive due process has a checkered past in the U.S., as it was first applied by the Supreme Court in the infamous Dred Scott v. Sandford. Dred Scott was a slave who claimed that passing through territory in which slavery was prohibited destroyed his owner's property rights over him. However, the Supreme Court held that due process protections of property restricted certain types of laws that would take away property, not merely the procedure by which it was taken. After the Fourteenth Amendment applied due process restrictions to states, the Supreme Court used it to find a freedom of contract to routinely strike down economic and labor regulations, as in Lochner v. New York.
As judges became more deferential to legislative judgment in the area of commerce, substantive due process shifted away from upholding laissez faire economics to recognizing individual rights concerning family and privacy. It has notably been invoked to invalidate restrictive laws in such areas as contraceptives in Griswold v. Connecticut and abortion in Roe v. Wade, and most recently in Lawrence v. Texas regarding the rights of homosexuals to sexual intimacy.
The same criticisms of the doctrine continue as in the past--that justices are reading their personal views into the Constitution instead of interpreting it. However, the disagreements are much more concerned with what, based on tradition and history, should be embraced under such protections of liberty rather than whether there are such unspoken guarantees in the Constitution. In other words, the main debate over substantive due process is simply where to apply it, not whether it should be applied at all.
Due process is considered similar to the concept of fundamental justice in Canada.Procedural Due Process
Substantive Due Process
Source: adapted by the editor from Wikipedia, the free encyclopedia under a copyleft GNU Free Documentation License (GFDL) from the article "Due process."
Synonym: Due ProcessSynonym: due process of law (n). (additional references) |
| Context | Synonyms within Context (source: adapted from Roget's Thesaurus). |
Course | DVerb: in due time, in due season; in in due course, in due process, in the fullness of time; in time. |
| Source: adapted from Roget's Thesaurus. | |
Crosswords: Due Process |
| English words defined with "due process": fair hearing, Fifth Amendment ♦ law of the land, lynch law, lynching ♦ trial. (references) |
| Specialty definitions using "due process": DIRECTOR OF PUPIL PERSONNEL PROGRAM. (references) |
| Domain | Usage | |
Screenplays | Out here, due process is a bullet. (The Green Berets; writing credit: James Lee Barrett; Col. Kenneth B. Facey) There is such a thing as due process. (The Green Berets; writing credit: James Lee Barrett; Col. Kenneth B. Facey) | |
Source: compiled by the editor from various references; see credits. | ||
| Domain | Title |
Books |
|
Source: compiled by the editor from various references; see credits. | |
| Author | Quotation |
Justice Robert H. Jackson | It is hardly lack of due process for the Government to regulate that which it subsidizes. |
Source: compiled by the editor from various references. | |
| Author | Date | Quotation |
US Bill of Rights | 1795 | Amendment V. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. (reference) |
Amendment to US Constitution | 1795-2008 | No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. (reference) |
Brown v. Board of Education | 1954 | This disposition makes unnecessary any discussion whether such segregation also violates the Due Process Clause of the Fourteenth Amendment. (reference) |
Roe v. Wade | 1973 | State criminal abortion laws, like those involved here, that except from criminality only a life-saving procedure on the mother's behalf without regard to the stage of her pregnancy and other interests involved violate the Due Process Clause of the Fourteenth Amendment, which protects against state action the right to privacy, including a woman's qualified right to terminate her pregnancy. (reference) |
Source: compiled by the editor from various references. | ||
| Subject | Topic | Quote |
Business | The effects of the lack of due process are particularly egregious in death penalty cases. (references) | |
Officials often have ignored the due process provisions of the law and of the Constitution. (references) | ||
These trials can occur under circumstances where the lack of due process protections borders on extrajudicial killing. (references) | ||
Civil Liberties | Yemen | The new initiative was not applied to refugees and there were no reports of due process violations. (references) |
Iran | Human rights groups and governments around the world criticized the lack of due process in the proceedings. (references) | |
India | Like its predecessor, the TADA, the proposed bill would dispense with constitutional guarantees for due process, allowing for preventive detention. (references) | |
Discrimination | Zimbabwe | The Government and ruling party discriminated against the white minority in areas of due process, foreign travel, and property ownership. (references) |
Economic History | Albania | Other companies have lost licenses without any prior notice or due process. (references) |
Peru | Reports of torture, and the lack of accountability and due process remain areas of concern. (references) | |
Human Rights | Syria | Like the SSSC, the ESC does not ensure due process for defendants. (references) |
Barbados | The judicial system provides for the right of due process at each level. (references) | |
China | The lack of due process is particularly egregious in death penalty cases. (references) | |
Political Economy | Eritrea | The use of a special court system limited due process. (references) |
AUSTRALIA | Divestment cannot be forced without due process of law. (references) | |
Marshall Islands | There were occasional instances of denial of due process for detainees. (references) | |
Political Rights | Brazil | The President no longer may issue MP's that address nationality, citizenship, political rights, legal due process, or the judicial branch, or that change the Constitution or the budget (except under extraordinary circumstances). (references) |
Source: compiled by the editor from ICON Group International, Inc.; see credits. | ||
| Speaker | Phrase(s) |
Rush Limbaugh | Chris called to point out that the Bush administration is holding an American citizen, Jose Padilla, without due process under the Patriot Act. |
Source: compiled by the editor from various references; see credits. | |
Expressions using "due process": due process of law ♦ right to due process. Additional references. | |
| Source: compiled by the editor from various references; see credits. |
| The following statistics estimate the number of searches per day across the major English-language search engines as identified by various trade publications. Hyperlinks lead to commercial use of the expression at Amazon.com. |
| Language | Translations for "due process"; alternative meanings/domain in parentheses. | ||||||||||||||||||||||||||||
Danish | rimelig behandling af registrerede oplysninger. (various references) | ||||||||||||||||||||||||||||
Dutch | schending van de rechten om verweer te voeren (failure to observe due process), inbreuk op de rechten om verweer te voeren (failure to observe due process). (various references) | ||||||||||||||||||||||||||||
Finnish | oikeusturva (constitutional state). (various references) | ||||||||||||||||||||||||||||
French | traitement équitable. (various references) | ||||||||||||||||||||||||||||
German | ordnungsmäßige Verarbeitung, ordnungsmäßige Durchführung. (various references) | ||||||||||||||||||||||||||||
Greek | τακτική διαδικασία. (various references) | ||||||||||||||||||||||||||||
Italian | violazione dei diritti della difesa (failure to observe due process). (various references) | ||||||||||||||||||||||||||||
Pig Latin | ueday ocesspray tratamento justo. (various references) должный процесс. (various references) tratamiento justo. (various references) korrekt hantering av personuppgifter. (various references) | ||||||||||||||||||||||||||||
Scrabble® Enable2K-Verified Anagrams | |
| Words within the letters "c-d-e-e-o-p-r-s-s-u" | |
-1 letter: percussed, processed. | |
-2 letters: corpuses, deposers, espoused, espouser, precodes, proceeds, produces, recouped, repousse, seducers. | |
-3 letters: ceruses, corpses, coursed, courses, crossed, croupes, deposer, deposes, depress, dousers, escudos, espouse, percuss, perdues, perused, peruses, poseurs, precess, precode, pressed, proceed, process, produce, pseudos, recodes, recoupe, recoups, recused, recuses, reduces, reposed, reposes, rescued, rescues, scoured, screeds, secured, secures, seducer. | |
| Words containing the letters "c-d-e-e-o-p-r-s-s-u" | |
+1 letter: prefocussed, unprocessed. | |
+4 letters: predaceousness, productiveness, supercolliders. | |
+5 letters: hydrocephaluses. | |
| Source: compiled by the editor from various references; see credits. SCRABBLE® is a registered trademark. All intellectual property rights in and to the game are owned in the U.S.A and Canada by Hasbro Inc., and throughout the rest of the world by J.W. Spear & Sons Limited of Maidenhead, Berkshire, England, a subsidiary of Mattel Inc. Mattel and Spear are not affiliated with Hasbro. | |
| 1. Definition 2. Synonyms 3. Crosswords 4. Usage: Modern | 5. Usage: Commercial 6. Quotations: Familiar 7. Quotations: Historic 8. Quotations: Non-fiction | 9. Quotations: Spoken 10. Expressions 11. Expressions: Internet 12. Translations: Modern | 13. Anagrams 14. Bibliography |
Copyright © Philip M. Parker, INSEAD. Terms of Use.
