Encyclopedia > Due process

Article Content

Due process

Due process is a legal term, commonly used in the US. It refers to a requirement that legal proceedings be followed according to the rule of law.

The United States The concept of due process is embodied within the Constitution within the prohibition against any bill of attainder or ex post facto law[?] of Article 1. In addition, two due process clauses are contained in amendments to the Constitution.

In the 5th Amendment (applicable to the federal government):
- "No person shall be...deprived of life, liberty, or property, without due process of law."
In the 6th Amendment:
- In all criminal prosecutions, the accused shall enjoy...right[s]..."
In the 14th Amendment (requiring regional state governments to practice due process):
- No state shall make or enforce any law which shall abridge the privileges or immunities of citizens...nor deprive any person of life, liberty, or property, without due process of law; nor deny...equal protection of the laws."

There are two aspects to the protection provided:

Substantive aspect - This protection extends to forbidding state governments from unfairly taking property or otherwise inappropriately interfering with its use.
Prodedural aspect - A person is guaranteed fair procedures will be applied. Fair procedures include 1) notice prior to a deprivation of life, liberty, or property, and 2) the right to a hearing (although not necessarily a formal judicial proceeding) prior to such deprivation.