Principle of Due Process

A Principle of Due Process is a is a legal framework that ensures the fair and proper administration of justice.

• AKA: Dur Process.
• Context:
  • It can range from being a Procedural Due Process to being a Substantive Due Process.
  • ...
• Example(s):
  • Fair Trial,
  • Legal Rights.
  • ...
• Counter-Example(s):
  • Arbitrary Detention,
  • Kangaroo Court,
  • Vigilantism.
• See: Rule of Law, Constitutional Rights, Judicial Review, Legal Rights, Rule of Law, Legal Process, Substantive Due Process, Natural Justice, Procedural Justice.

---

---

References

2023

• (GM-RKB ChatGPT, 2023) ⇒ Summarize the concept Principle of Due Process in 1- 2 paragraphs, promt.GM-RKB ChatGPT (model: gpt-4-1106-preview) Retrieved: 2023-12-16
  • QUOTE: The principle of due process is a fundamental concept that guarantees fair legal procedures and protection of an individual's rights within the legal system. Derived from the Latin phrase "due process of law, " the concept originates from the Magna Carta and is enshrined in the Fifth and Fourteenth Amendments to the United States Constitution. It ensures that the government respects all legal rights owed to a person according to the law, rather than acting arbitrarily or with bias.

     Due process manifests in two forms: procedural due process and substantive due process. Procedural due process refers to the requirement that the government must follow certain procedures in order to take away a person's life, liberty, or property, providing individuals with notice and a fair hearing before an impartial tribunal. Substantive due process, on the other hand, pertains to the fundamental rights that are protected by the Constitution, even if not explicitly mentioned, and restricts the government's power to legislate against those rights. Altogether, the principle of due process is crucial for maintaining justice, preventing abuses of power, and safeguarding individual freedoms against infringement by the state.

2021

• (Wikipedia, 2021) ⇒ https://en.wikipedia.org/wiki/due_process Retrieved:2021-7-1.
  • Due process is the legal requirement that the state must respect all legal rights that are owed to a person. Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due process violation, which offends the rule of law.

    Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process) so that judges, instead of legislators, may define and guarantee fundamental fairness, justice, and liberty. That interpretation has proven controversial. Analogous to the concepts of natural justice, and procedural justice used in various other jurisdictions, the interpretation of due process is sometimes expressed as a command that the government must not be unfair to the people or abuse them physically. The term is not used in contemporary English law, but two similar concepts are natural justice, which generally applies only to decisions of administrative agencies and some types of private bodies like trade unions, and the British constitutional concept of the rule of law as articulated by A. V. Dicey and others. However, neither concept lines up perfectly with the American theory of due process, which, as explained below, presently contains many implied rights not found in either ancient or modern concepts of due process in England.

    Due process developed from clause 39 of Magna Carta in England. Reference to due process first appeared in a statutory rendition of clause 39 in 1354 thus: "No man of what state or condition he be, shall be put out of his lands or tenements nor taken, nor disinherited, nor put to death, without he be brought to answer by due process of law." When English and American law gradually diverged, due process was not upheld in England but became incorporated in the US Constitution.

---