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

Among other findings, the report contends that placing Washington children at Clarinda Academy violated their constitutional right to due process under the 14th Amendment, and that the students say they are being held there against their will. Joseph O’sullivan, The Seattle Times, "Report: Washington foster kids sent to Iowa were abused in facility run ‘like a correctional institution’," 17 Oct. 2018 However, Taney reached well beyond the necessary terms of the case to assert that federal legislation excluding slavery from the territories violated the constitutional ban on taking private property without due process. Marc M. Arkin, WSJ, "‘Supreme Injustice’ Review: The High Court and Slavery," 18 Jan. 2019 While Americans have a constitutional right not to be deprived of liberty without due process, no one has a constitutional right to serve on the Supreme Court. Anna North, Vox, "Brett Kavanaugh’s Fox News interview, explained in 5 phrases," 25 Sep. 2018 For a five-to-four majority this time, Rehnquist wrote the opinion for the Court saying that the rights and liberties protected by the due process clause are those rights that are deeply rooted in the nation’s history and tradition. Dylan Matthews, Vox, "Brett Kavanaugh likely gives the Supreme Court the votes to overturn Roe. Here’s how they’d do it.," 5 Oct. 2018 Conservatives have typically denounced such expansive readings of the due process clause’s reach. Sarah D. Wire, latimes.com, "GOP bill would let crime victims sue 'sanctuary' cities; critics decry 'total political theater'," 15 June 2018 In her ruling, Manhattan Federal Court judge Katherine Forrest granted the habeas petition filed by Ragbir’s defense team, saying that his rights to due process were violated by ICE agents at his check-in. Timothy Bella, Daily Intelligencer, "Ravi Ragbir Doesn’t Want to Be a Symbol," 29 Jan. 2018 They are being forced to complete so many cases that due process of law is no longer guaranteed. WSJ, "Immigration Needs Rational, Uniform Rules," 11 Dec. 2018 Guess due process only applies to (guilty) white guys. Angela Helm, The Root, "Trump Proves That in His Mind, Only White Men Deserve the Benefit of the Doubt," 11 Feb. 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.

See More

First Known Use of due process

15th century, in the meaning defined at sense 1

Keep scrolling for more

Learn More about due process

Dictionary Entries near due process

duello

duende

duenna

due process

due stamp

duet

due to

Statistics for due process

Last Updated

11 Apr 2019

Look-up Popularity

Time Traveler for due process

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

See more words from the same century

Keep scrolling for more

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

More from Merriam-Webster on due process

Rhyming Dictionary: Words that rhyme with due process

Britannica.com: Encyclopedia article about due process

Comments on due process

What made you want to look up due process? Please tell us where you read or heard it (including the quote, if possible).

WORD OF THE DAY

not to be persuaded, moved, or stopped

Get Word of the Day daily email!

Test Your Vocabulary

Words from Greek and Latin Quiz

  • roman forum
  • Which of the following months comes from a Latin word for “ten”?
Spell It

Can you spell these 10 commonly misspelled words?

TAKE THE QUIZ
SCRABBLE® Sprint

Test Your Knowledge - and learn some interesting things along the way.

TAKE THE QUIZ
Love words? Need even more definitions?

Subscribe to America's largest dictionary and get thousands more definitions and advanced search—ad free!