Glossary
Due process
common-lawconstitutional
The requirement that state action affecting rights follows fair procedure and, in some systems, respects substantive limits.
In more detail
Procedural due process guarantees notice and a fair hearing before an impartial decision-maker. Substantive due process, developed in US constitutional law, additionally limits what the state may do regardless of procedure. Civil-law systems reach similar results through proportionality analysis.
Related terms
- natural-justice
- proportionality
See how this applies to you
Definitions are general. How a term operates depends on the jurisdiction you are in.