Government Glossary

Due Process

Due process means government must follow fair legal procedures before depriving a person of life, liberty, or property.

Plain-English Meaning

Due process is a constitutional guarantee of legal fairness. At a minimum, it usually requires notice, a chance to be heard, and a decision under lawful authority before government takes certain serious actions. In constitutional law, due process also has a substantive side, where courts ask whether some liberties are so fundamental that government needs a powerful justification to burden them.