substantive due process

1.慣用語C2

釋義

the constitutional rule that courts may strike down any law that limits fundamental freedoms without a strong enough reason, even if the government passed the law using correct procedures

例句

The Supreme Court applied substantive due process to strike down the sterilization law.

apply + substantive due process to + strike down [law]

Aarav argued the zoning ordinance violated his substantive due process rights as a property owner.

violate + substantive due process rights

同義詞

substantive due process doctrine
the full phrase; identical in meaning, slightly more formal
fundamental rights review
broader term for judicial examination of whether laws burden basic liberties

反義詞

procedural due process
the companion doctrine that examines whether fair procedures were followed rather than whether the law's content is reasonable

文法句型

under + substantive due process

on + substantive due process grounds

violate + substantive due process rights

用法筆記

Specific to US constitutional law. Often contrasted with procedural due process, which examines whether the government followed fair steps — not whether the law itself is reasonable.

常見錯誤

❌The city held an unfair hearing, so it violated substantive due process.

✅The city held an unfair hearing, so it violated procedural due process.

💡substantive due process is about whether the law itself is fair and reasonable; procedural due process is about whether the government followed fair steps.