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DUE PROCESS - It is the legal requirement that the state must respect all of the legal rights that are owed to a person and laws that states enact must confirm to the laws of the land like - fairness, fundamental rights, liberty etc. It also gives the judiciary to access the fundamental fairness, justice, and liberty of any legislation.
PROCEDURE ESTABLISHED BY LAW - It means that a law that is duly enacted by legislature or the concerned body is valid if it has followed the correct procedure. Say a law enacted by Indian legislature. Article 21 of Indian Constitution says that- 'No person shall be deprived of his life or personal liberty except according to procedure established by law'. In India, there is no mention of the word 'Due Process'. A strict literal interpretation of Procedure established by Law give the legislative authority an upper hand and they may enact laws which may not be fair from a liberal perspective.
DIFFERENCE between DUE PROCESS and PROCEDURE ESTABLISHED by LAW
The difference between "due process of law" and "procedure established by law" is that under the American system, a law must satisfy the criteria of a liberal democracy. In India "procedure established by law", on the other hand, means a law duly enacted is valid even if it's contrary to principles of justice and equity.
SITUATION in INDIA
However, in India a liberal interpretation is made by judiciary after 1978 and it has tried to make the term 'Procedure established by law' as synonymous with 'Due process' when it comes to protect individual rights. In Maneka Gandhi vs Union of India case (1978) SC held that - 'Procedure established by law' within the meaning of article 21 must be 'right and just and fair' and 'not arbitrary, fanciful or oppressive' otherwise, it would be no procedure at all and the requirement of Article 21 would not be satisfied. Thus, the 'procedure established by law' has acquired the same significance in India as the 'due process of law' clause in America.
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What kind of due of process means that the rule of the law will be obeyed?
Procedural due process means that the rule of the law will be obeyed.
When 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.
What kind of due process mean that the rule of law will be fair?
substantive due process
What is the process of energy transfer that does not occur due to a temperature difference?
The process of energy transfer that does not occur due to a temperature difference is called radiation. Radiation is the transfer of energy through electromagnetic waves, such as light or microwaves, without the need for a difference in temperature between the objects involved.
The difference between partition to classification?
Classification is sorting out things due to scientific process. Partition is eminent domain.
What kind of due means that the rule of law will be fair?
substantive due process
What kind of due mean that mean that rule of the law will be obeyed?
Procedural due process means that the rule of the law will be obeyed.
Would there is Difference between due process and procedure established by law in India in 300 hundreds words?
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What is The most important difference between procedural and substantive due process is that?
procedural due process focuses on the fairness of the legal process itself in ensuring individual rights are protected, while substantive due process addresses the actual content or substance of the laws being applied and their impact on individual liberties.
What is the rule that the government must act fairly and follow the laws?
Due process
What is the difference between evaporation and boiling?
Evaporation is the process of a liquid turning into a gas at the surface, while boiling is the process of a liquid turning into a gas throughout the entire substance due to the application of heat.
What is the difference between condensation and deposition?
Condensation is the process where a gas turns into a liquid, usually due to cooling. Deposition is the process where a gas turns directly into a solid without passing through the liquid phase, often due to cooling or changes in pressure.
