due process

noun
Updated on: 20 Nov 2017

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

  1. Due process requires that evidence not be admitted when it is obtained through illegal methods.

Recent Examples of due process from the Web

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.

First Known Use of due process

15th century


DUE PROCESS Defined for English Language Learners

due process

noun

Definition of due process for English Language Learners

  • law : 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


Law Dictionary

due process

noun

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

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