due process
doo PROH-ses
/ˌdjuː ˈprəʊsɛs/
Fair treatment through the normal judicial system, especially as a citizen's entitlement.
Encompasses both 'procedural due process' (fair procedures in legal proceedings) and 'substantive due process' (protection of fundamental rights from government interference).
The story behind the word. The phrase 'due process' evolved from the English legal tradition. It traces back to the 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.' Over time, 'law of the land' became 'due process of law,' emphasizing the requirement for fair and established legal procedures.
Word relationships
- fair trial: A specific aspect of due process, focusing on the trial itself.
- legal rights: Broader term; due process refers to the specific entitlement to fair procedures within the legal system.
- arbitrary justice: Justice based on random choice or personal whim, rather than on reason or system.
Collocations
- guarantee due process
- violate due process
- right to due process
- due process clause
Example sentences
- "Every citizen is entitled to due process under the law, ensuring fair hearings and legal representation." Referring to legal rights.
- "The arrest without a warrant was a clear violation of the suspect's due process rights." Discussing a violation of rights.
Memory hook
Think of 'DUE' respect for the 'PROCESS' of law, ensuring everyone gets fair treatment. Due respect for process.
When not to use
Do not use 'due process' to refer to any fair treatment outside of a legal or governmental context; it specifically relates to legal rights and governmental actions.
Fun facts
- The Fifth and Fourteenth Amendments to the U.S. Constitution contain 'Due Process Clauses,' which prohibit the government from depriving any person of life, liberty, or property without due process of law.
- The concept of due process is a fundamental principle in many democratic legal systems, ensuring checks on governmental power.
Related words
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