due-process
/ˌdjuː ˈprəʊ.ses/ (bre, ipa) · /ˌduː ˈprɑː.ses/ (ame, ipa)
due-process — 名詞
1. a basic rule of law requiring the government to treat everyone fairly and follow
正當程序
政府須依法公正對待人民的原則
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.
法院裁定，警察在沒有搜索票的情況下搜查 Mira 的住家，侵犯了她獲得正當程序的權利。
violated + right to due process
Schools must provide due process to students before expelling them for breaking school rules.
學校在開除違反校規的學生之前，必須先提供正當程序的保障。
provide due process to [someone]
Under due process, the government must give you written notice before taking your property.
根據正當程序，政府在徵收您的財產之前必須先以書面通知您。
Tyler argued that he was denied due process because the immigration officer never let him explain his situation.
Tyler 主張他的正當程序權利受到剝奪，因為移民官從未讓他說明自己的情況。
The new law strengthens due process protections for people facing deportation from the country.
這部新法律加強了面臨驅逐出境者的正當程序保障。
- 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
程序正當
遵循公正法律程序的權利
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.
程序正當意味著政府必須先給予您適當的審判，才能對您施加懲罰。
procedural due process + proper trial
The judge stopped the trial because the defendant was denied due process of law.
法官停止了審判，因為被告被剝奪了正當法律程序。
During the disciplinary hearing, the university followed due process by letting Indra bring a lawyer and call witnesses.
在懲戒聽證會上，該大學遵循正當程序，讓 Indra 攜帶律師出席並傳喚證人。
Before evicting Ms. Adaeze, the housing board held a due process hearing where she called witnesses to defend herself.
在驅逐 Adaeze 女士之前，住宅委員會舉行了正當程序聽證會，讓她傳喚證人為自己辯護。
The employee's lawyer claimed the company's investigation lacked due process because no one interviewed the witnesses.
這名員工的律師主張，公司的調查缺乏正當程序，因為沒有人詢問過證人。
- 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
實質正當
法律內容須合理、不得恣意
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.
如果一部法律在沒有理由的情況下禁止某一個人從事其行業，就可能違反了實質正當程序。
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.
法院審查了這項新法規是否恣意而為，因而未能通過實質正當程序的檢驗。
Defne sued the city over its ban on street food vendors, arguing the law itself violated substantive due process.
Defne 控告該市禁止路邊小吃攤販的規定，主張該法律本身違反了實質正當程序。
Joaquín's lawyer argued that the city's zoning rule had no connection to any legitimate government interest.
Joaquín 的律師主張，該市的土地使用分區規定與任何合法的政府利益毫無關聯。
The Supreme Court used the doctrine of substantive due process to strike down the state law that restricted personal privacy.
最高法院運用實質正當程序原則，廢除了那條限制個人隱私的州法。
- 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.