due process

noun

1
: a course of formal proceedings (such as legal proceedings) carried out regularly and in accordance with established rules and principles

called also procedural due process

2
: a judicial requirement that enacted laws may not contain provisions that result in the unfair, arbitrary, or unreasonable treatment of an individual

called also substantive due process

Examples of due process in a Sentence

Due process requires that evidence not be admitted when it is obtained through illegal methods.
Recent Examples on the Web The lawyer argued the special assessments amount to an unconstitutional taking of property without due process or just compensation. Jennifer Dixon, Detroit Free Press, 14 Mar. 2024 Former President Donald Trump attempted to ban TikTok through executive order, but the courts blocked the action after TikTok sued, arguing such actions would violate free speech and due process rights. Kevin Freking, Fortune, 8 Mar. 2024 In April 2019, the center published this trove of raw data and a pair of reports cataloging a history of in-flight abuses and potential due process violations. Mckenzie Funk, ProPublica, 8 Mar. 2024 The phrase due process would serve as his unsatisfying default answer for many substantive questions. Greg Fisher, CBS News, 8 Mar. 2024 Khan responded by emphasizing that the government is committed to upholding the rule of law and that any legal actions taken are based on evidence and due process. Zenger News, Forbes, 1 Mar. 2024 The union has argued the policy affects working conditions — rights to privacy and due process, among others — which required the city to meet and confer before the policy’s implementation. Elliot Hughes, Journal Sentinel, 26 Feb. 2024 Proponents of change are hailing the legislation as a major win for due process that preserves forfeiture as a tool for police to fight drug trafficking. Katie Bernard, Kansas City Star, 23 Feb. 2024 Beyond raising fear and due process concerns in immigrant communities, SB4 is also sparking questions around the logistics of enforcement. Henry Gass, The Christian Science Monitor, 28 Feb. 2024

These examples are programmatically compiled from various online sources to illustrate current usage of the word 'due process.' Any opinions expressed in the examples do not represent those of Merriam-Webster or its editors. Send us feedback about these examples.

Word History

First Known Use

15th century, in the meaning defined at sense 1

Time Traveler
The first known use of due process was in the 15th century

Dictionary Entries Near due process

Cite this Entry

“Due process.” Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/due%20process. Accessed 28 Mar. 2024.

Legal Definition

due process

noun
1
: a course of formal proceedings (as judicial proceedings) carried out regularly, fairly, and in accordance with established rules and principles

called also procedural due process

2
: a requirement that laws and regulations must be related to a legitimate government interest (as crime prevention) and may not contain provisions that result in the unfair or arbitrary treatment of an individual

called also substantive due process

Note: The guarantee of due process is found in the Fifth Amendment to the Constitution, which states “no person shall…be deprived of life, liberty, or property, without due process of law,” and in the Fourteenth Amendment, which states “nor shall any state deprive any person of life, liberty, or property without due process of law.” The boundaries of due process are not fixed and are the subject of endless judicial interpretation and decision-making. Fundamental to procedural due process is adequate notice prior to the government's deprivation of one's life, liberty, or property, and an opportunity to be heard and defend one's rights to life, liberty, or property. Substantive due process is a limit on the government's power to enact laws or regulations that affect one's life, liberty, or property rights. It is a safeguard from governmental action that is not related to any legitimate government interest or that is unfair, irrational, or arbitrary in its furtherance of a government interest. The requirement of due process applies to agency actions.

3
: the right to due process
acts that violated due process

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