Constitutional Law
Due Process
A constitutional guarantee that government must use fair procedures and respect certain protected rights before depriving life, liberty, or property.
Plain-English definition
Due process has both procedural and substantive dimensions. Procedural due process asks what notice and hearing are required before government acts. Substantive due process asks whether certain government actions are impermissible even with procedures.
How it works
Due process issues appear in civil rights suits, administrative hearings, criminal procedure, property disputes, school discipline, licensing, and benefits cases.
Why it matters
Due process is often the bridge between an unfair government action and a federal constitutional claim.
Related terms
More in Constitutional Law
Equal Protection
The constitutional principle that government must treat similarly situated people alike unless it has a sufficient justification.
Fourth Amendment
The constitutional protection against unreasonable searches and seizures.
Qualified Immunity
A defense shielding government officials from damages unless they violated clearly established federal law.
Section 1983
The federal statute allowing lawsuits against state or local actors for constitutional and federal-rights violations.
Standing
The constitutional requirement that a plaintiff have a sufficient personal stake in the controversy to invoke federal court jurisdiction.
State Action
The requirement that many constitutional claims involve government action rather than purely private conduct.
Not legal advice. Definitions are for general reference. Consult an attorney before relying on any term in a real case.