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Legal Dictionary

Due Process

1987 Constitution, Article III, Section 1

Due process means that the government must respect fair procedure and lawful standards before depriving a person of life, liberty, or property.

Study notes

Key points

Procedural due process focuses on notice and hearing.

Substantive due process asks whether the government action is reasonable and lawful.

Administrative due process applies in agency and tribunal proceedings.

Legal Dictionary

Bar review use

Due process appears across constitutional law, administrative law, criminal procedure, and civil procedure. Always identify the protected interest and the form of government action.

  • Protected interest
  • Government action
  • Required procedure or standard
  • Application to the facts

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