Procedural Due Process

Definition of Procedural Due Process

Note: See a more comprehensive approach to the Procedural Due Process legal concept in the American Law Encyclopedia

A procedural review that focuses on the means by which governmental actions are executed. Procedural due process guarantees fairness in the ways that government imposes restrictions and punishments. It demands that before any deprivation of liberty or property can occur, a person must be formally notified and provided an opportunity for a fair hearing. Procedural due process differs from substantive due process. The former focuses on how government should function while the latter stresses what government can reasonably do.

See Also

Due Process of Law (Judicial Function) Substantive Due Process (Judicial Function).

Resources

Procedural Due Process Related Resources

• Procedural Due Process in the United States Legal Encyclopedia
• Judicial Function Keywords in the United States Legal Encyclopedia
• Judicial Function Keywords in the International Legal Dictionary

Notes

• “Procedural Due Process”, The American Law Dictionary, 1991, California

Procedural Due Process (Judicial Function)