Knowra Due process Due process Due process is the legal principle that government must follow fair procedures and respect established rights before depriving a person of life, liberty, or property.
Procedural due process : The requirement that government use fair procedures before depriving a person of life, liberty, or property. It specifies the hearings, notice, and decision-making safeguards due process requires.
Mathews v. Eldridge : A 1976 U.S. Supreme Court case establishing a balancing test for procedural due process claims. Its three factors guide how much procedure a particular deprivation requires.
Magna Carta : The 1215 charter that limited royal authority and established protections for certain free people under English law. Its promise of lawful judgment is a major antecedent of due process language.
Equal protection : The constitutional principle that government must treat similarly situated people equally unless a sufficient justification supports different treatment. It challenges discriminatory classifications, while due process focuses on deprivation and fairness.
Criminal procedure : The rules governing investigation, prosecution, trial, and punishment in criminal cases. Due process constrains how criminal cases are conducted and how liberty may be taken.
Substantive due process : The doctrine that some government actions violate due process because they impermissibly restrict fundamental rights. It asks whether a deprivation is lawful in substance, not merely procedurally fair.
Goldberg v. Kelly : A 1970 U.S. Supreme Court case requiring a pretermination evidentiary hearing for certain welfare benefits. It illustrates when a meaningful hearing must precede the loss of benefits.
Clause 39 of Magna Carta : The 1215 Magna Carta provision barring specified punishments except by lawful judgment or the law of the land. Its wording helped shape the historical idea that government must act through law.
Procedural fairness : The general requirement that decision-making processes be fair, especially in administrative and public settings. It may apply as a legal or institutional standard without matching constitutional due process doctrine.
Administrative law : The body of law governing government agencies, their powers, and their decision-making procedures. Agency decisions can affect benefits, licenses, and other protected interests.
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