due process


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

Many rehearse familiar arguments that #MeToo lumps disparate behavior into the same broad category and encourages a rush to judgment, thereby violating the rights of the accused to due process. Jeet Heer, The New Republic, "On #MeToo and Democrats’ Moral Authority," 18 May 2018 The loss of funding also comes at time when the number of immigrants being arrested, detained and deported has increased, raising concerns that the Trump administration is trying to accelerate deportations by denying immigrants due process. Daniel González, azcentral, "Justice Department halts legal assistance program for detained immigrants," 18 Apr. 2018 Until Wednesday, Trump's only comments had been to lavish praise on Porter and question whether men accused of misconduct were being denied due process. Christi Parsons, latimes.com, "White House continues to struggle with domestic abuse vetting scandal," 15 Feb. 2018 On Monday, the American Civil Liberties Union of Florida sent a letter to the city calling use of the software a potential invasion of residents’ privacy, free speech and due process rights. Elizabeth Weise, USA TODAY, "Amazon's controversial facial recognition program dropped by city of Orlando," 25 June 2018 The Heat Is On Award Critics of Sidewalk Labs’ new waterfront neighborhood in Toronto ask the tough questions about data, privacy and due process. Mark Lamster, Curbed, "2018 in architecture: The good, the bad, and the urbanism," 27 Dec. 2018 If the independent body cannot review these decisions as well, Facebook will be left with a large degree of control over what claims get ventilated and reviewed, and will be able to determine the ambit of the body’s promise of due process. Casey Newton, The Verge, "How Kevin Hart tweeted himself out of a job hosting the Oscars," 8 Dec. 2018 Congress has tried to mitigate this by ensuring due process for accused and accuser. The Editorial Board, WSJ, "Sexual Harassment on the Hill," 28 Dec. 2018 Get our daily newsletter Though changeable in many ways, Mr Trump has consistently approved of harsh punishment and disliked due process. The Economist, "Donald Trump wants tough justice—with one exception," 17 May 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

14 Feb 2019

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

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due process


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


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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