due-process
/ˌdjuː ˈprəʊ.ses/ (bre, ipa) · /ˌduː ˈprɑː.ses/ (ame, ipa)
due-process — noun
1. a basic rule of law requiring the government to treat everyone fairly and follow
a basic rule of law requiring the government to treat everyone fairly and follow its own legal rules, particularly before taking away a person's freedom, property, or other rights
The court ruled that the police violated Mira's right to due process when they searched her home without a warrant.
violated + right to due process
Schools must provide due process to students before expelling them for breaking school rules.
provide due process to [someone]
Under due process, the government must give you written notice before taking your property.
Tyler argued that he was denied due process because the immigration officer never let him explain his situation.
The new law strengthens due process protections for people facing deportation from the country.
- fair treatment
everyday language; less technical and broader than due process
- procedural justice
academic or legal term; focuses on fairness of the process itself
- natural justice
used in British and Commonwealth legal systems; similar concept
- arbitrary action
decisions made without rules or fairness
- summary judgment
a decision made without a full hearing or trial
用法筆記
Often paired with 'right to', 'violation of', or 'denial of'. Frequently appears in legal and government contexts. The concept is most famously protected by the Fifth and Fourteenth Amendments to the U.S. Constitution.
常見錯誤
2. the right to have a legal matter handled through a properly conducted set of off
the right to have a legal matter handled through a properly conducted set of official steps, including the chance to be heard, to present evidence, to know the charges against you, and to receive a decision from an impartial decision-maker
Procedural due process means the government cannot punish you without giving you a proper trial first.
procedural due process + proper trial
The judge stopped the trial because the defendant was denied due process of law.
During the disciplinary hearing, the university followed due process by letting Indra bring a lawyer and call witnesses.
Before evicting Ms. Adaeze, the housing board held a due process hearing where she called witnesses to defend herself.
The employee's lawyer claimed the company's investigation lacked due process because no one interviewed the witnesses.
- procedural due process
the specific legal term for this sense
- fair hearing
narrower; focuses on the hearing stage
- proper procedure
less formal and less precise
- arbitrary decision
a decision made without following proper steps
用法筆記
Frequently modified by 'procedural' to distinguish from substantive due process (sense 3). Subject is often an official body (court, agency, school). Commonly appears with 'follow', 'provide', 'afford', or 'guarantee'.
常見錯誤
3. the requirement that laws themselves must be fair, reasonable, and related to a
the requirement that laws themselves must be fair, reasonable, and related to a legitimate government purpose — no law may be so arbitrary or unfair that it takes away a person's fundamental rights without a good reason
A law that bans one specific person from working in their field without a reason may violate substantive due process.
substantive due process — fairness of the law itself
The court examined whether the new regulation was arbitrary and therefore failed the test of substantive due process.
Defne sued the city over its ban on street food vendors, arguing the law itself violated substantive due process.
Joaquín's lawyer argued that the city's zoning rule had no connection to any legitimate government interest.
The Supreme Court used the doctrine of substantive due process to strike down the state law that restricted personal privacy.
- substantive due process
the full legal term for this sense
- fundamental fairness
broader concept; overlaps with substantive due process
- arbitrary legislation
a law that has no reasonable basis
用法筆記
Distinguish from procedural due process (sense 2): procedural asks 'was the process fair?', while substantive asks 'is the law itself fair?'. This sense is primarily a feature of U.S. constitutional law and is less commonly used in other legal systems.