due process


Definition of due process

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 Garrett Rolfe, the officer facing felony murder and aggravated assault charges in Brooks’ shooting, was reinstated by the city’s Civil Service Board last spring after the group determined he was not afforded his right to due process. Shaddi Abusaid, ajc, 14 Jan. 2022 The employees claimed, in part, that vaccine and testing requirements violated their Fourth Amendment rights to be protected from unreasonable searches and seizures, as well as the right to due process. Josh Campbell, CNN, 10 Jan. 2022 The group asked the court to reinstate their voter registrations and issue an order declaring the state had violated their constitutional rights to due process. Patrick Marley, Milwaukee Journal Sentinel, 24 Dec. 2021 The city did not give him an opportunity to challenge his suspension, violating his right to due process, the lawsuit says. Alex Wigglesworth, Los Angeles Times, 11 Dec. 2021 Their report accused Maryland of violating Weaver's right to due process. Dennis Wagner, USA TODAY, 26 Nov. 2021 The suit claims that tens of thousands of jobless workers received overpayment notices without an opportunity to contest them, which lawyers say is a violation of their statutory rights and constitutional right to due process of law. Washington Post, 23 Dec. 2021 Despite international criticism that I was arbitrarily detained, I was prosecuted and sentenced to nearly 14 years after a trial controlled by the dictatorship -- proceedings the UN criticized for lack of transparency and violation of due process. Leopoldo López, CNN, 11 Nov. 2021 In criminal court, this is viewed as a violation of due process. Miguel Torres, The Arizona Republic, 30 Oct. 2021

These example sentences are selected automatically from various online news sources to reflect current usage of the word 'due process.' Views expressed in the examples do not represent the opinion of Merriam-Webster or its editors. Send us feedback.

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First Known Use of due process

15th century, in the meaning defined at sense 1

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

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Last Updated

19 Jan 2022

Cite this Entry

“Due process.” Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/due%20process. Accessed 20 Jan. 2022.

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More Definitions for due process

due process


English Language Learners Definition of due process

: the official and proper way of doing things in a legal case : the rule that a legal case must be done in a way that protects the rights of all the people involved

due process


Legal Definition of due process

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

More from Merriam-Webster on due process

Britannica.com: Encyclopedia article about due process


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