procedural due process

procedural due process — 慣用語

1. a rule in US law that says the government must use fair and open methods — such

1.慣用語C1
釋義

正當法律程序

政府剝奪人民權利前須遵守的公平程序

a rule in US law that says the government must use fair and open methods — such as giving a person advance notice and a chance to be heard — before it takes away someone's rights, freedom, or property.

例句

The judge ruled the city violated procedural due process by taking Mr. Chen's land without notice.

法官裁定，市政府在未事先通知的情況下徵收陳先生的土地，違反了正當法律程序。

collocation: violated procedural due process

Before firing a public employee, the state must follow procedural due process and hold a fair hearing.

在開除公務員之前，州政府必須遵循正當法律程序，舉行公平的聽證會。

collocation: follow procedural due process

同義詞
  • due process

    broader term — covers both procedural and substantive due process; 'procedural due process' specifically names the fair-steps requirement

  • fair hearing

    narrower meaning — refers to one specific part of procedural due process, not the full set of requirements

反義詞
  • arbitrary action

    a decision made without following any fair rules or procedures — the opposite of what procedural due process demands

用法筆記

Frequently used with 'violate', 'follow', 'require', and 'deny'. This is a term from US constitutional law — the Fifth and Fourteenth Amendments guarantee it. It contrasts with 'substantive due process', which is about the fairness of the law itself rather than the fairness of the procedure.

常見錯誤

❌The company violated procedural due process by firing an employee.
✅The state or federal government violated procedural due process by firing a public employee without a hearing.
💡Only a government action, not a private company's action, can violate procedural due process.