Legal Definitions - due process

Due process is a fundamental legal principle that ensures fairness and legality in how the government acts when it affects an individual's life, liberty, or property. It requires that all government actions, whether federal, state, or local, must follow established laws and provide fair procedures. This means individuals must receive proper notice of any proposed government action against them and have a meaningful opportunity to be heard and present their case before an impartial decision-maker. Due process prevents arbitrary or unfair government actions and upholds the rule of law.

There are two main aspects of due process:

• Procedural Due Process: This refers to the fair procedures the government must follow. It includes things like the right to be notified of charges or proposed actions, the right to present evidence and arguments, the right to confront witnesses, and the right to have a decision made by an unbiased authority based on the evidence.
• Substantive Due Process: This concept, while more debated, suggests that the government cannot infringe on certain fundamental rights, regardless of the procedures used, unless there is a compelling government interest. It protects certain liberties from government interference, even if fair procedures are followed.

Here are some examples illustrating due process:

• Professional License Revocation:

  Imagine a state medical board receives a complaint alleging that a licensed physician engaged in serious professional misconduct. Before the board can revoke the physician's license, which is considered a "property" interest because it allows them to earn a living, due process requires specific steps. The physician must receive clear and detailed notice of the exact charges against them, an opportunity to present their defense, call witnesses, cross-examine accusers, and have their case decided by an impartial panel based solely on the evidence presented. Without these fair procedures, the revocation would violate the physician's due process rights.

• Government Employee Termination:

  Consider a long-term public school teacher, protected by a collective bargaining agreement and state civil service laws, who is accused of violating school district policies and faces termination. Because the teacher has a "property" interest in their continued employment (an entitlement under their contract and civil service rules), the school district cannot simply fire them. Due process mandates that the teacher be informed of the specific allegations, given a chance to respond to the charges, and typically offered a hearing to challenge the evidence before a neutral party. This ensures the decision to terminate is not arbitrary and is based on a fair assessment of the facts.

• City's Demolition Order for Unsafe Property:

  Suppose a city building department declares a privately owned commercial building structurally unsafe and orders its demolition. Before the city can proceed with demolishing the building, thereby depriving the owner of their "property," due process requires that the owner receive official notice of the specific safety violations, a reasonable timeframe to address the issues or appeal the decision, and an opportunity to present their case and evidence to a city official or board before the demolition order is finalized and executed. This ensures the owner has a fair chance to protect their property rights and challenge the city's assessment.