Due process

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Due Process

Due Process (/djuː ˈprəʊses/) is a fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one's life, liberty, or property. Also, a constitutional guarantee that a law shall not be unreasonable, arbitrary, or capricious.

Etymology

The term "Due Process" originates from the English common law system. The phrase was first used in the Statute of Westminster 1275, where it was stated: "No man of what state or condition he be, shall be put out of his lands or tenements nor taken, nor disinherited, nor put to death, without he be brought to answer by due process of law."

Related Terms

  • Procedural Due Process: This refers to the procedural limitations placed on the manner in which a law is administered, applied, or enforced.
  • Substantive Due Process: This refers to the rights, like the right to work, marry, and the right to privacy, that are so fundamental that the government may not eliminate them.
  • Equal Protection: This is a principle part of the 14th amendment to the United States Constitution. It emphasizes that the laws of states must treat an individual in the same manner as others in similar conditions and circumstances.
  • Judicial Review: This is a process under which executive or legislative actions are subject to review by the judiciary.

See Also

External links

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