due process

An established course for judicial proceedings or other governmental activities designed to safeguard the legal rights of the individual.

American Heritage® Dictionary of the English Language, Fifth Edition. Copyright © 2016 by Houghton Mifflin Harcourt Publishing Company. Published by Houghton Mifflin Harcourt Publishing Company. All rights reserved.

ThesaurusAntonymsRelated WordsSynonymsLegend:

Noun

due process - (law) the administration of justice according to established rules and principles; based on the principle that a person cannot be deprived of life or liberty or property without appropriate legal procedures and safeguards

due process of law

group action - action taken by a group of people

legal proceeding, proceeding, proceedings - (law) the institution of a sequence of steps by which legal judgments are invoked

notification, presentment - an accusation of crime made by a grand jury on its own initiative

judicial decision, judgment, judgement - (law) the determination by a court of competent jurisdiction on matters submitted to it

dispossession, legal ouster, eviction - the expulsion of someone (such as a tenant) from the possession of land by process of law

plea - an answer indicating why a suit should be dismissed

demurrer, denial, defence, defense - a defendant's answer or plea denying the truth of the charges against him; "he gave evidence for the defense"

law, jurisprudence - the collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order"

due process

noun

The state, action, or principle of treating all persons equally in accordance with the law:

equity, justice.

Translations

due process

n (Jur)

due process (of law) (US) → ordentliches Gerichtsverfahren

due process of law → ordnungsgemäßes Verfahren

Collins German Dictionary – Complete and Unabridged 7th Edition 2005. © William Collins Sons & Co. Ltd. 1980 © HarperCollins Publishers 1991, 1997, 1999, 2004, 2005, 2007

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References in periodicals archive

Could a Supreme Court Justice agree with every jot and tittle of Part I of this Essay and still take as given and write constitutional opinions under the assumption that substantive due process is a contradiction in terms?

The meming of substantive due process

Barnett: Substantive due process was a phrase made up to criticize the Court for using the Due Process Clause in certain ways.

The individualist Constitution: libertarian legal superstar Randy Barnett challenges conservative judicial orthodoxy

substantive due process rights and political and physical space.

Border checkpoints and substantive due process: abortion rights in the border zone

Thus, ruling on entitlement to appellate fees without the benefit of a developed trial court record raises procedural and substantive due process concerns.

Attorneys' fees on appeal: misapplication of the law of the case doctrine raises procedural and substantive due process concerns

Fourteenth Amendment substantive due process protects additional rights beyond those guaranteed explicitly by the Bill of Rights.

The questionable constitutionality of curtailing cuckolding: 'alienation of affection' and 'criminal conversation' torts

Arrington can call that "Lochnerizing" if he likes, but I repeat what I noted in my review: what exactly has conservative aversion to substantive due process accomplished?

Rethinking due process

Economic Substantive Due Process Rights, But Only for Capital

A return to Dred Scott? How recent Supreme Court jurisprudence reflects Dred Scott's legal reasoning and fails to protect the most vulnerable in today's society

The 7th Circuit held that because there was not a majority holding in Apfel, the statute there at issue violated substantive due process, and the case did not control the due process analysis in the present case.

U.S. 7th Circuit Court of Appeals reopens door to market share liability in wisconsin for lead-based paint claims that accrued prior to 2011

So, naturally, I hope that it will help change the climate of ideas--especially on the question of substantive due process. This is a doctrine that is denounced roundly on both left and right, and that is one of the oldest, most important, central constitutional concepts.

Timothy Sandefur on the conscience of the constitution

is fundamental and therefore protected under substantive due process

Knowledge is power: the fundamental right to record present observations in public

Though the Wolfish Court acknowledged that jail overcrowding, if sufficiently extreme, could violate substantive due process, it held that the facts at bar fell far short of that point, and it failed to indicate where the dividing line lies.

The conditions of pretrial detention

constitutional law, Sandefur also wishes to prove that what its commentarial tradition has come (pejoratively) to call "substantive due process" is actually neither more nor less than "due process of law" itself, and is perfectly respectable.

Review essay: Timothy Sandefur's The Right to Earn a Living