due process

noun

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

There was no trial for any of the family, no due process of law, no possibility of a defense or appeal. Caroline Hallemann, Town & Country, "Inside the Romanov Family's Final Days," 1 July 2018 Trump continues to advocate immediate removal, without an appearance before a judge or other due process, for those apprehended entering the country illegally. Washington Post, "Separations at the border didn’t worry some Trump officials," 3 July 2018 But legal experts note that the Supreme Court has long held that even non-citizens have the right to due process, the constitutional rule that every person should get a fair hearing in court before facing any punishment. Abby Vesoulis, Time, "Here's the Constitutional Problem With Trump's Call to Deport Immigrants Without Seeing Judges," 25 June 2018 The suit says the plan violates their rights to private property, equal protection and due process, and seeks an injunction blocking that plan. Bruce Vielmetti, Milwaukee Journal Sentinel, "Foxconn-related property condemnations prompt civil rights lawsuit," 9 Jan. 2018 Amazon and Microsoft Amazon employees wrote a letter protesting the company’s sale of facial-recognition technology to law enforcement agencies, noting the software can make errors and infringe on privacy and due process rights. Joseph Menn, The Christian Science Monitor, "Silicon Valley employees increasingly push companies on ethics," 13 July 2018 Davis wrote, adding that Ramos invoked his due process rights and rights to be represented by an attorney. Ian Duncan, baltimoresun.com, "Prosecutors seek access to Capital Gazette shooting suspect's jail mail; his lawyer says that violates his rights," 12 July 2018 The judge said the law therefore fails to show what conduct is prohibited, in violation of Planned Parenthoods’ due process rights. Rick Callahan, Indianapolis Star, "Judge temporarily blocks abortion reporting rule in Indiana," 29 June 2018 Lee Gelernt, an attorney for the American Civil Liberties Union, said the parent would have to file a separate lawsuit claiming lack of due process. latimes.com, "Some migrant children are reunited with parents as Trump administration misses court deadline," 11 July 2018

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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Last Updated

12 Sep 2018

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

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More Definitions for due process

due process

noun

English Language Learners Definition of due process

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

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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