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Both substantive and procedural due process protect citizens in the United State from unfair treatment by the government, guaranteed by the constitution. Substantive due process relates to the content of a law, while procedural due process relates to how laws are implemented and enforced.
As indicated by the name, procedural due process is concerned with the procedures the government must follow in criminal and civil matters, and substantive due process is related to rights that citizens have from government interference (e.g. right to privacy).
Substantive Due Process. The most controversial due process doctrine is “substantive due process.” The doctrine has little support in the text and history of the Constitution, and it has long ignited political debate. For good reason: substantive due process replaces popular sovereignty with the views of unelected Supreme Court justices.
Due process under the Fifth and Fourteenth Amendments can be broken down into two categories: procedural due process and substantive due process. Procedural due process, based on principles of “fundamental fairness,” addresses which legal procedures are required to be followed in state proceedings.
The words “due process” suggest a concern with procedure rather than substance. Substantive due process has been interpreted to include things such as the right to work in an ordinary kind of job, to marry, and to raise one's children as a parent. Compare with procedural due process.
Generally, due process guarantees protect individual rights by limiting the exercise of government power. 2. The Supreme Court has held that the Fifth Amendment, which applies to federal government action, provides persons with both procedural and substantive due process guarantees.
Thus, the required elements of due process are those that minimize substantively unfair or mistaken deprivations by enabling persons to contest the basis upon which a state proposes to deprive them of protected interests. 11. The core requirements of procedural due process are notice 12. and a hearing 13.
Broadly speaking, procedural due process requires state actors to provide certain procedural protections before they deprive a person of any protected life, liberty, or property interest. 3. Unless one of those protected interests is at stake, the Due Process Clause does not apply. 4.
Another, more controversial application of the Clause is the doctrine today called “substantive due process,” which extends beyond the methods government institutions use to make decisions, and places substantive limits on governmental authority.
Procedural due process is the actual rules government officials must follow. Substantive due process is less concrete. It protects certain rights from government interference that are not necessarily listed in the Constitution, but the courts have identified them as essential to a person’s life.