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
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Instead, defendants revert to their previous status, which is often a lawful permanent resident with the right to due process and a hearing before an immigration judge. Christopher Cann, USA Today, 26 July 2026 His public defense attorney filed a motion to dismiss the case on July 22, 2022, arguing that Henrichsen’s constitutional due process rights had been violated. Andrew Graham, Sacbee.com, 23 July 2026 The question of whether the due process clause of the Fifth Amendment requires bond hearings and release will be at the center of arguments at the Fifth Circuit. Jack Birle, The Washington Examiner, 22 July 2026 The 14th Amendment’s foundational principles include birthright citizenship, due process, equal protection under the law, and the prohibition for heads of state to engage in acts of insurrection. Jill Goldsmith, Deadline, 21 July 2026 See All Example Sentences for due process

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

Browse Nearby Words

Cite this Entry

“Due process.” Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/due%20process. Accessed 28 Jul. 2026.

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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