Due Process of Law

Legal Definition and Related Resources of Due process of law

Meaning of Due process of law

Law in its regular course of administration through courts of justice. 3 Story, Const. 264, 661; 18 How. (U. S.) 272; 13 N. Y. 378. It is the equivalent to law of the land, as used in Magna Charta. Co. Inst. 60; 18 How. (U. S.) 272; 11 Mich. 129. Whatever difficulty may be experienced in giving to these terms a definition which will embrace every permissible exercise of power affecting private rights, and exclude such as is forbidden, there can be no doubt of their meaning as applied to judicial proceedings. They then mean a course of legal proceedings according to those rules and principles which have been established in our system of jurisprudence for the protection and enforcement of private rights, 96 U. S. 733. Such an exertion of the powers of government as the settled maxims of law permit and sanction, and under such safeguards for individual rights as those maxims prescribe for the class of cases to yrhich the one in question belongs. Cooley, Const. Lim. § 356. Due process of law is not any course of procedure that may at any time be established by the legislature (34 Ala. 216; 43 N. J. Law, 203), yet it is not a denial of due process of law for the legislature to make changes in the common law, or in modes of procedure (50 Miss. 468; 70 N. Y. 228; 160 U. S. 389). Due process of law embraces only that which is fundamental, and to it is necessary an orderly legal proceeding, whereof the party aflfeeted shall have notice, and an opportunity to appear and be heard. 169 U. S. 366; 96 U. S. 97.

United States Constitutional Meaning of Due Process of Law

The fair and regular procedures established by law. Under the Fifth and Fourteenth Amendments, the government may deprive a person of life, liberty, or property only after due process. The due process clauses of the Constitution protect both procedural and substantive rights.

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This definition of Due Process Of Law is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

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See also

Provisions in the Fifth and Fourteenth Amendments to the Constitution that prohibit… (Read more)

Due Process of Law in the law of the United States

Due Process of Law: Related U.S. Resources

See Also

Incorporation (Judicial Function) Judicial Review (Judicial Function) Procedural Due Process (Judicial Function) Substantive Due Process (Judicial Function).

Resources

See Also

  • Law Dictionaries.
  • Bill of Rights in U.S. Constitution ; Constitution of the United States ; andvol. 9:Congress Debates the Fourteenth Amendment.

    Criminal Procedure; Incorporation Doctrine; Judicial Review; Labor Law; Right to Counsel.

    Fourteenth Amendment.

  • Further Reading

    Aynes, Richard L. “On Misreading John Bingham and the Fourteenth Amendment.” Yale Law Journal 103 (October 1993): 57-104.

    Ely, James W., Jr. “The Oxymoron Reconsidered: Myth and Reality in the Origins of Substantive Due Process.” Constitutional Commentary 16 (Summer 1999): 315-345.

    Mott, Rodney. Due Process of Law: A Historical and Analytical Treatise. Indianapolis, Ind.: Bobbs-Merrill, 1926.

    Nelson, William E. The Fourteenth Amendment: From Political Principle to Judicial Doctrine. Cambridge, Mass.: Harvard University Press, 1988.

    Perry, Michael J. We the People: The Fourteenth Amendment and the Supreme Court. New York: Oxford University Press, 1999.

    Schwartz, Bernard, ed. The Fourteenth Amendment: Centennial Volume. New York: New York University Press, 1970.

    Ten Broek, Jacobus. Equal under Law. New York: Collier Books,1965.

    SteveSheppard

    Meaning of Due Process of Law in the U.S. Legal System

    Definition of Due Process of Law published by the National Association for Court Management: The right of all persons to receive the guarantees and safeguards of the law and the judicial process. It includes such constitutional requirements as adequate notice, assistance of counsel, and the rights to remain silent, to a speedy and public trial, to an impartial jury, and to confront and secure witnesses.

    Due Process of Law (Judicial Function)

    Due Process of Law

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