Principle of Due Process

A Principle of Due Process is a legal principle that establishes procedural requirements and substantive protections (designed to ensure fair treatment within legal systems).

• AKA: Procedural Fairness Principle.
• Context:
  • It can typically protect Fundamental Right through constitutional guarantees.
  • It can typically establish Due Process Requirement through legal frameworks.
  • It can typically safeguard Due Process Interest through procedural protections.
  • It can typically constrain State Power through due process limitations.
  • It can typically ensure Fair Hearing through due process procedures.
  • It can typically prevent Arbitrary Deprivation of life, liberty, or property through due process safeguards.
  • ...
  • It can often differentiate Due Process Application through legal domains.
  • It can often balance Due Process Protection against competing interests.
  • It can often guide Due Process Implementation through judicial interpretations.
  • It can often evolve Due Process Standard through judicial precedents.
  • It can often derive from Historical Documents such as the Magna Carta.
  • ...
  • It can range from being a Procedural Due Process Principle to being a Substantive Due Process Principle, depending on its due process protection type.
  • It can range from being a Minimal Due Process Principle to being a Robust Due Process Principle, depending on its due process stringency.
  • It can range from being a Narrow Due Process Principle to being a Broad Due Process Principle, depending on its due process scope.
  • It can range from being a National Due Process Principle to being an International Due Process Principle, depending on its due process jurisdiction.
  • ...
  • It can have Due Process Element for due process compliance.
  • It can perform Due Process Function via due process mechanisms.
  • It can provide Due Process Safeguard through due process guarantees.
  • It can require Legal Notice for due process satisfaction.
  • It can demand Impartial Tribunal for due process fulfillment.
  • ...
  • It can be Due Process Violated during governmental actions.
  • It can be Due Process Applied in legal proceedings.
  • It can be Due Process Enforced through judicial review.
  • It can be Due Process Enshrined in constitutional text.
  • ...
• Examples:
  • Due Process Principle Categories, such as:
    • Constitutional Due Process Principles, such as:
      • Fifth Amendment Due Process Principle for federal due process protection.
      • Fourteenth Amendment Due Process Principle for state due process protection.
    • Administrative Due Process Principles, such as:
      • Administrative Hearing Due Process Principle for administrative proceeding protection.
      • Regulatory Due Process Principle for regulatory action protection.
  • Due Process Principle Types, such as:
    • Procedural Due Process Principles, such as:
      • Notice Due Process Principle for adequate notification requirement.
      • Hearing Due Process Principle for fair hearing requirement.
      • Evidence Due Process Principle for evidentiary standard requirement.
      • Appeal Due Process Principle for appeal right requirement.
    • Substantive Due Process Principles, such as:
      • Fundamental Right Due Process Principle for fundamental liberty protection.
      • Rational Basis Due Process Principle for governmental action review.
      • Privacy Due Process Principle for personal privacy protection.
      • Liberty Due Process Principle for personal freedom protection.
  • Jurisdictional Due Process Principles, such as:
    • American Due Process Principles, such as:
      • US Constitutional Due Process Principle for constitutional due process enforcement.
      • State Constitutional Due Process Principle for state-level due process protection.
    • International Due Process Principles, such as:
      • European Convention Due Process Principle for European human rights protection.
      • Universal Declaration Due Process Principle for international due process standard.
  • Historical Due Process Principles, such as:
    • Magna Carta Due Process Principle for historical due process origin.
    • English Common Law Due Process Principle for traditional due process development.
  • Due Process Implementations, such as:
    • Fair Trial Due Process Implementation for criminal justice protection.
    • Legal Representation Due Process Implementation for defense right protection.
    • Bail Hearing Due Process Implementation for pretrial detention limitation.
  • ...
• Counter-Examples:
  • Arbitrary Detention, which disregards due process requirements for lawful detention.
  • Kangaroo Court, which lacks due process elements such as impartial tribunal and fair hearing opportunity.
  • Vigilantism, which circumvents due process systems through extrajudicial actions.
  • Rule of Law Principle, which establishes general governance framework rather than specific due process protections.
  • Equal Protection Principle, which focuses on equality concerns rather than procedural fairness.
  • Legal Formalism Principle, which emphasizes strict rule application over substantive fairness.
  • Separation of Powers Principle, which structures governmental authority rather than defining individual due process rights.
• See: Legal Principle, Constitutional Principle, Rule of Law, Legal Right, Constitutional Right, Judicial Review, Legal Process, Natural Justice, Procedural Justice, Substantive Due Process.

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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.

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