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

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

Lowell also argued that IRS agents Gary Shapley and Joseph Ziegler trampled Biden’s due process rights by giving rounds of news interviews on the case and releasing confidential tax documents to the public. —James Queally, Los Angeles Times, 2 Apr. 2024

Palestinians and human rights groups say the system is awash in violations of due process and almost always renders guilty verdicts, with 95% of military court hearings ending in convictions, according to the Israeli watchdog Military Court Watch. —NBC News, 1 Mar. 2024

In its lawsuit, the company argued the mandate for the state prescription drug affordability board is unconstitutional because its actions will conflict with federal law, violate basic requirements of due process, and seek to regulate business outside of Colorado. —Ed Silverman, STAT, 26 Mar. 2024

And – and they're certainly entitled to due process of law for any nonviolent activities that day. —CBS News, 17 Mar. 2024

The lawyer argued the special assessments amount to an unconstitutional taking of property without due process or just compensation. —Jennifer Dixon, Detroit Free Press, 14 Mar. 2024

Former President Donald Trump attempted to ban TikTok through executive order, but the courts blocked the action after TikTok sued, arguing such actions would violate free speech and due process rights. —Kevin Freking, Fortune, 8 Mar. 2024

In April 2019, the center published this trove of raw data and a pair of reports cataloging a history of in-flight abuses and potential due process violations. —Mckenzie Funk, ProPublica, 8 Mar. 2024

The phrase due process would serve as his unsatisfying default answer for many substantive questions. —Greg Fisher, CBS News, 8 Mar. 2024

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