Due process is a fundamental principle in the American legal system, ensuring fairness and equality for everyone under the law. It's a right guaranteed by the Constitution, protecting both citizens and non-citizens. This means that the government must follow specific procedures and act reasonably when dealing with legal matters.
There are two main types of due process: procedural and substantive. Procedural due process focuses on the 'how' how the government acts. It requires fair procedures, like proper notice and the chance to be heard, before the government can take action against someone. Substantive due process, on the other hand, focuses on the 'what' the content of the law itself. It ensures that laws are fair and reasonable, and don't violate fundamental rights.
The concept of due process has evolved over time, shaped by court decisions and legal interpretations. It's a cornerstone of American justice, preventing arbitrary or unfair actions by the government. Understanding due process is crucial for protecting individual liberties and upholding the rule of law.
Understanding Due Process in the American Legal System
Due process is a key part of the American legal system, guaranteeing fair treatment under the law. Recently, questions have been raised about the understanding and commitment to due process rights. Experts explain the history and importance of these constitutional protections. This article clarifies what due process means for all individuals in the United States.
Source: Read the original article at CBS