Difference Between Procedural & Substantive Due Process

Due process of law is a concept mentioned in the 5th and 14th amendments of the US constitution, which pertain to the fundamental rights granted to citizens. These rights include freedom of life and liberty, and a promise that all individuals will be treated legally and fairly, not arbitrarily. There are two aspects to this due process of law: substantive due process and procedural due process. While they may seem similar and overlapping, there are key differences between the two.

Key Takeaways

  • Substantive due process imposes limitations on the government’s ability to interfere with personal freedoms and liberties enshrined in the US constitution, ensuring that citizens are not arbitrarily deprived of life, liberty, or property.
  • Procedural due process ensures fairness in all proceedings against an individual by the government, requiring that the government follow the law if it decides to deprive an individual of any of their fundamental rights.
  • While both aspects of due process originate from the 5th and 14th amendments of the US constitution, procedural due process aims to protect citizens’ fundamental rights by ensuring a fair trial, while substantive due process prevents the government from exceeding legal limits when announcing policy statements.
Gil Tillard
Gil Tillard
Gil Tillard is an accomplished writer with expertise in creating engaging articles and content across various platforms. His dedication to research and crafting high-quality content has led to over 5 years of professional writing and editing experience. In his personal life, Gil enjoys connecting with people from diverse backgrounds and cultures. His curiosity and eagerness to learn from others fuel his passion for communication. He believes that engaging with strangers can be both enlightening and enjoyable, making it easier to strike up conversations and expand one's horizons.


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