due process
due process — 名詞
1. fair treatment for a person when officials follow the proper legal steps before
正當程序
依法給人公平對待
fair treatment for a person when officials follow the proper legal steps before making a decision that affects them
The court said the student was expelled without due process.
法院表示,那名學生在未獲正當程序的情況下就被退學了。
without due process after official action
School officials must give each student due process before suspending them.
校方在讓每位學生停學前,都必須給予正當程序。
give someone due process before punishment
Devika argued that the city denied her due process at the hearing.
Devika 主張,市政府在聽證會上沒有給她應有的正當程序。
Factory workers asked for due process after managers changed the safety rules.
主管改了安全規定後,工廠工人要求應有的正當程序。
- procedural fairness
formal and slightly wider; it stresses the fairness of the steps used
- fair hearing
focuses on giving someone a proper chance to speak before a decision
- legal safeguards
broader; it can include protections beyond one hearing or case
- arbitrary treatment
action taken without fair rules or a proper chance to respond
- summary punishment
quick punishment without the normal legal steps
文法句型
deny someone due process
give someone due process
without due process
due-process rights
用法筆記
Often used when a court, school, prison, or other authority must follow fair steps before acting against someone. It commonly appears after verbs such as deny, give, provide, or protect.
常見錯誤
2. a legal principle that a law itself must have a fair public purpose and must not
實體正當程序
法律本身不得任意不公
a legal principle that a law itself must have a fair public purpose and must not treat people in an unfair or arbitrary way
The lawyer argued that the ban broke due process because it was too vague.
律師主張這項禁令違反實體正當程序,因為它太模糊。
due process limits on vague laws
The tax law failed a due-process test because it punished one group alone.
這項稅法只懲罰單一群體,因此沒有通過實體正當程序的檢驗。
The court used due process to test whether the law served a real public purpose.
法院依實體正當程序檢驗該法律是否真有公共目的。
Jabari's lawyer said the housing rule violated due process for renters.
Jabari 的律師說,這項住宅規定對租屋者違反實體正當程序。
- substantive due process
more exact American legal label for this law-limiting doctrine
- constitutional protection
broader; it can come from other constitutional rules as well
- arbitrary law
a rule with no fair or reasonable basis for treating people differently
文法句型
violate due process
fail a due-process test
a due-process challenge
under due-process review
用法筆記
Mainly used in American constitutional law when a court asks whether a law itself is fair enough to stand. Distinguish it from sense 1, which focuses on the fairness of the steps used with a person.