substantive due process

substantive due process — 慣用語

1. the constitutional rule that courts may strike down any law that limits fundamen

1.慣用語C2
釋義

實質正當程序

法律須合理且保障基本權利

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.

最高法院援引實質正當程序，推翻該絕育法。

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

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

Aarav 主張該分區條例侵犯了他作為業主的實質正當程序權利。

violate + substantive due process rights

同義詞
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.