due process

noun

1

: a course of formal proceedings (such as legal proceedings) carried out regularly and in accordance with established rules and principles

called also procedural due process

2

: a judicial requirement that enacted laws may not contain provisions that result in the unfair, arbitrary, or unreasonable treatment of an individual

called also substantive due process

Examples of due process in a Sentence

Due process requires that evidence not be admitted when it is obtained through illegal methods.

Recent Examples on the Web

Immigration lawyers say moving people off the U.S. mainland can limit legal access and due process. —Ximena Bustillo, NPR, 10 Feb. 2025

That maneuver went at the heart of what was regarded as a sacrosanct tenet in American government: that civil servants remain outside partisan politics and can’t be fired without due process. —Anna Maria Barry-Jester, ProPublica, 9 Feb. 2025

On Monday, Nippon and U.S. Steel submitted a 70-page opening brief in their case against the U.S. alleging that former President Joe Biden blocked the merger for political reasons and violated their due process. —Jennifer Jacobs, CBS News, 7 Feb. 2025

In response, Bukele suspended fundamental rights, including access to legal counsel, and authorities have arrested more than 83,000 people with little to no due process, according to human rights organizations. —Anders Fogh Rasmussen, Newsweek, 5 Feb. 2025

Word History

First Known Use

15th century, in the meaning defined at sense 1

Rhymes for due process

• abs
• acquiesce
• ancestress
• authoress
• coalesce
• decompress
• dispossess
• faithfulness
• letterpress
• mayoress
• murderess
• nonetheless

Legal Definition

due process

noun

1

: a course of formal proceedings (as judicial proceedings) carried out regularly, fairly, and in accordance with established rules and principles

called also procedural due process

2

: a requirement that laws and regulations must be related to a legitimate government interest (as crime prevention) and may not contain provisions that result in the unfair or arbitrary treatment of an individual

called also substantive due process

Note: The guarantee of due process is found in the Fifth Amendment to the Constitution, which states “no person shall…be deprived of life, liberty, or property, without due process of law,” and in the Fourteenth Amendment, which states “nor shall any state deprive any person of life, liberty, or property without due process of law.” The boundaries of due process are not fixed and are the subject of endless judicial interpretation and decision-making. Fundamental to procedural due process is adequate notice prior to the government's deprivation of one's life, liberty, or property, and an opportunity to be heard and defend one's rights to life, liberty, or property. Substantive due process is a limit on the government's power to enact laws or regulations that affect one's life, liberty, or property rights. It is a safeguard from governmental action that is not related to any legitimate government interest or that is unfair, irrational, or arbitrary in its furtherance of a government interest. The requirement of due process applies to agency actions.

3

: the right to due process

acts that violated due process