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Procedural and substantive due process are two aspects of the constitutional concept of "due process" outlined in the Fifth and Fourteenth Amendments that (theoretically) guarantees a form of fairness through consistent use of constitutional and legal safeguards.

Many constitutional scholars contend that the Fifth Amendment was intended only to guarantee procedural due process, to place limits on the government's ability to deprive a person of "life, liberty, or property" without taking certain protective steps on behalf of the individual, as outlined in the Bill of Rights (more specifically the Fifth and Sixth Amendments). Examples include the right to a jury trial, right to confront witnesses against him (or her), protection against being tried for the same crime twice, protection against involuntary self-incrimination, right to the effective assistance of counsel, and so on.

Substantive due process, as expounded by 17th-century English jurist Sir Edward Coke, deals with liberty interests, or the right of people to live without unnecessary and arbitrary government interference.

In the United States, Congress exercised the concept of substantive due process in the Missouri Compromise of 1820, which abolished slavery in Federal Territories. The Missouri Compromise gave rise to the doctrine of "once free, always free," holding once a slave had lived in "free" territory, his (or her) liberty could not be revoked (he or she could not be re-enslaved). The Supreme Court temporarily squashed this notion in Dred Scott v. Sandford, (1857), when it held the Missouri Compromise unconstitutional and ruled slaves were property, not people with rights.

More recently, the Supreme Court has divided liberty (substantive) interests into two categories: the first are those expressly enumerated in the Constitution, such as the First Amendment freedom of speech and religion; the second involve fundamental liberties not specifically listed but still considered essential to living in a free and just society, such as the right to privacy, and more abstract concepts such as the right to personal autonomy (within certain parameters) and dignity.

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βˆ™ 2011-11-17 14:52:01
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Q: What is the difference between procedural due process and substantive due process?
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Related questions

What is the most important difference between procedural and substantive due process?

B. procedural due process...


The most important difference between procedural and substantive due process is that?

Procedural due process deals with governmental methods and how they are used, whereas substantive due process deals with the fairness of laws.


How do procedural due process and substantive due process?

NO


What are the differences between procedural and substantive due process of law?

Substantive process of law deals with the secured rights and obligation of the people of the society


How do procedural due process and substantive due process differ?

NO


How do procedural due process and substantive due process differ-?

Procedural due process has to do with the how (the procedures, the methods) of governmental action. Substantive due process involves the what (the substance, the policies of governmental action).


How does procedural due process differ from substantive due process?

In short, procedural due process has to do with the how (the procedures, the methods) of governmental action. Substantive due process involves the what (the substance, the policies of governmental action


What are the two aspects of due process of law?

Substantive due process and procedural due process.


What are the 2 types of due process?

The two types of due process are substantive and procedural.


What is the difference between substantive due process and procedural due process?

substansive due process is the promise of the fundamental rights that are implicit in ordered society procedural due process is the promise of fundamental fairness in legal proceedingsIn general, substantive due process prohibits the government from infringing on fundamental constitutional liberties. By contrast, procedural due process refers to the procedural limitations placed on the manner in which a law is administered, applied, or enforced. Thus, procedural due process prohibits the government from arbitrarily depriving individuals of legally protected interests without first giving them notice and the opportunity to be heard.


Which Fourteenth Amendment clause has been divided into procedural and substantive?

due process


What is Substantive law?

Substantive law is the statutory or written law that governs rights and obligations of those who are subject to it. Substantive law defines the legal relationship of people with other people or between them and the state. Substantive law stands in contrast to procedural law, which comprises the rules by which a court hears and determines what happens in civil or criminal proceedings. Procedural law deals with the method and means by which substantive law is made and administered. The time allowed for one party to sue another and the rules of law governing the process of the lawsuit are examples of procedural laws. Substantive law defines crimes and punishments (in the criminal law) as well as civil rights and responsibilities in civil law. It is codified in legislated statutes or can be enacted through the initiative process. Another way of summarizing the difference between substantive and procedural is as follows: Substantive rules of law define rights and duties, while procedural rules of law provide the machinery for enforcing those rights and duties. However, the way to this clear differentiation between substantive law and, serving the substantive law, procedural law has been long, since in the Roman civil procedure the actio included both substantive and procedural elements.

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