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 Alleging violations of Title IX, equal protection and due process, plaintiffs seek unspecified compensatory and punitive damages. al, "Alabama first-grader sexually assaulted at school, lawsuit claims," 16 Sep. 2019 Where is the due process of rights for those individuals? John Hoffman And Jim Abeler, Twin Cities, "Hoffman, Abeler: Minnesota must not pass assisted suicide legislation. Here’s why we say that.," 10 Sep. 2019 The Interior Secretary said that 21 of the detainees were freed the previous evening after courts found various violations of due process in their cases, including torture and arbitrary detention. Washington Post, "Courts free more suspects in case of disappeared students," 16 Sep. 2019 The State’s claims violate fundamental principles of due process by seeking to hold a company liable for conduct permitted under federal law and regulations. Ellen Florian, Fortune, "What the Sackler Offer and the J&J Opioid Verdict Tell Us About the Next Big Test for Drugmakers—an Ohio Trial in October," 27 Aug. 2019 Hundreds of Syrians, including army defectors, have since been deported without due process, according to aid groups. The Economist, "Politicians are stoking anti-refugee sentiment in Lebanon," 22 Aug. 2019 That is quite a violation of due process, and hopefully the courts will strike down this provision. Thomas Massie, National Review, "‘Red Flag’ Laws Are the Wrong Solution to Mass Shootings," 12 Aug. 2019 Without due process, the entire legal system can turn into mob rule. Rick Scott, The Denver Post, "Rick Scott: I’m a gun owner and NRA member. I support red-flag laws to help stop mass shootings.," 9 Aug. 2019 Fortunately a majority of Senators and the American people rallied behind timeless principles such as due process and the presumption of innocence.’’ Kavanaugh was confirmed in a 50-to-48 Senate vote. BostonGlobe.com, "Senator Kamala Harris of California, Senator Elizabeth Warren of Massachusetts, and former US housing and urban development secretary Julián Castro, Democratic presidential candidates, pushed for Kavanaugh’s impeachment.," 16 Sep. 2019

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

24 Oct 2019

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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

US, 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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