Due Process
A constitutional guarantee (5th and 14th Amendments) that the government cannot deprive a person of life, liberty, or property without fair, established legal procedures. It includes both procedural fairness (notice and a hearing) and substantive limits on government power.
A constitutional guarantee (5th and 14th Amendments) that the government cannot deprive a person of life, liberty, or property without fair, established legal procedures. It includes both procedural fairness (notice and a hearing) and substantive limits on government power.
Example: Before a state can revoke a driver’s license or terminate public employment, due process requires that the individual be given notice of the charges and an opportunity to be heard in an administrative hearing.
Common misconception: Due process only applies to criminal trials. It applies broadly to civil and administrative actions as well, including public school suspensions, deportation proceedings, and the revocation of professional licenses.