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Due Process

doo PROH-ses /ˌdjuː ˈprəʊsɛs/

noun phraseC1GRESATTOEFL

formallegal

Fair treatment through the normal judicial system, especially as a citizen's entitlement.

Due process is a fundamental legal principle that ensures all legal proceedings are fair and that one's rights are protected. It typically involves notice, an opportunity to be heard, and an impartial tribunal.

The story behind the word. The phrase 'due process' comes from Medieval Latin 'due process of law,' which literally meant 'proper course of law.' It emerged in English legal texts around the 14th century, evolving from earlier concepts like 'law of the land' found in Magna Carta. The idea was to ensure that legal proceedings followed established rules and principles, rather than being arbitrary or unfair. It's a direct translation of the legal principle into plain English.

Word relationships

Fair trial: A specific application of due process in criminal cases.
Legal safeguards: Broader term for protections within the legal system, of which due process is a key one.

Arbitrary action: Decisions or actions made without reason or system, often violating due process.
Injustice: Lack of fairness or justice, which due process aims to prevent.

Collocations

due process of law
guarantee due process
violate due process
right to due process

Example sentences

"The Fifth and Fourteenth Amendments to the U.S. Constitution guarantee due process of law, protecting individuals from arbitrary government action." Constitutional protection.
"Without proper due process, a defendant's conviction could be overturned on appeal." Legal proceedings.
"Employees are entitled to due process in disciplinary hearings, including the right to present their side of the story." Administrative fairness.

Memory hook

Think of 'DUE PROCESS' as the 'DUE' (proper, owed) 'PROCESS' (procedure) that must be followed in law. Proper legal process.

When not to use

This term is specific to legal and administrative contexts. Do not use it to describe general fairness outside of a formal procedural setting (e.g., 'It was due process that I got the last slice of pizza' is incorrect).

Fun facts

The concept of 'due process' has roots in Magna Carta (1215), which stated that no free man should be deprived of life, liberty, or property 'except by the lawful judgment of his peers or by the law of the land.'

Related words

Justice, Uphold

Explore more words

trial, litigation, citizen, convict

Also appears in

Law → Legal Systems & Constitutions