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

Example Sentences

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

Recent Examples on the Web

Of course, the officers involved in the Antioch scandal are entitled to due process. —Anita Chabria, Los Angeles Times, 30 Apr. 2023

Foreign governments have described the cases as being politically motivated and accused Beijing of violating due process, such as denying access to counsel and holding close-door trials. —Simone Mccarthy, CNN, 27 Apr. 2023

The lawsuit alleged that the prison system’s use of field tests violated the inmates’ right to due process. —Ryan Gabrielson, ProPublica, 25 Apr. 2023

Supporters of the anti-terror law reject accusations of abuse, saying Mr. Shah’s case follows due process. —Srishti Jaswal, The Christian Science Monitor, 19 Apr. 2023

The residents contended that their First Amendment rights to free speech were violated, as well as their 14th Amendment right to due process, because the books were removed without notice or ability to appeal. —Suzanne Gamboa, NBC News, 13 Apr. 2023

In 2021, Garcia filed the suit in the U.S. District Court of Arizona, with claims of false arrest, negligence and denial of due process. —Jonathan Edwards, Washington Post, 10 Apr. 2023

They were all given due process. —Amanda Su, ABC News, 7 Apr. 2023

Amazon sued in October, arguing the state has stacked the system against employers and denied the corporation due process. —Lauren Rosenblatt, Anchorage Daily News, 28 Feb. 2023

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Word History

First Known Use

15th century, in the meaning defined at sense 1

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