Legal Definitions - due process of law

Due process of law is a fundamental legal principle that ensures fairness and impartiality in all government actions that affect an individual's life, liberty, or property. It acts as a safeguard against arbitrary government power, requiring that the government follow established rules and procedures, and that its laws are reasonable and not oppressive.

This concept has two main aspects:

• Procedural Due Process: This requires that the government follow fair procedures when taking action against an individual. This typically includes providing notice of the action, an opportunity for the individual to be heard, and a decision made by an impartial authority.
• Substantive Due Process: This protects individuals from government actions that infringe upon fundamental rights, even if the procedures used were fair. It ensures that laws themselves are reasonable and not arbitrary, and that they do not unduly restrict essential liberties.

Here are some examples illustrating how due process of law applies:

• Example 1: Revocation of a Professional License

  Imagine a state licensing board receives a complaint about a doctor and decides to revoke their medical license. Under procedural due process, the board cannot simply revoke the license without warning. The doctor must be given clear notice of the specific allegations against them, an opportunity to present their side of the story, call witnesses, and challenge the evidence in a fair hearing before an impartial panel. This ensures the doctor has a chance to defend their livelihood before a final decision is made.

• Example 2: Criminal Arrest and Trial

  When a person is arrested and charged with a crime, due process of law guarantees a series of protections. This includes the right to be informed of the charges, the right to legal representation (even if they cannot afford it), the right to confront witnesses, the right to present evidence in their defense, and the right to a trial by an impartial judge or jury. These procedural safeguards are designed to ensure a fair trial and prevent wrongful convictions, protecting the individual's liberty.

• Example 3: Government Restriction on Personal Choice

  Consider a hypothetical state law that prohibits adults from choosing certain widely accepted medical treatments, even if those treatments are deemed safe and effective by medical professionals and are not harmful to others. If there is no compelling public health or safety reason for such a broad ban, this law could be challenged under substantive due process. This aspect of due process protects fundamental personal liberties, ensuring that the government cannot arbitrarily interfere with an individual's right to make personal decisions about their health and body, even if the law was passed through proper legislative procedures.