Procedural due process: Difference between revisions

Revision as of 09:24, 29 October 2016

Revision as of 20:54, 29 October 2016

Line 1:

{{Distinguish|Substantive due process}}

'''Procedural due process''' is a [[legal doctrine]] in the [[United States]] that requires government officials to follow fair procedures before depriving a person of [[life]], [[liberty]], or [[property]].<ref name=":0">{{Cite book|title = Administrative Law: Agency Action in Legal Context|last = Glicksman|first = Robert L.|publisher = Foundation Press|year = 2010|isbn = |___location = 9781599416106|pages = |last2 = Levy|first2 = Richard E.}}</ref>{{Rp|657}} When the government seeks to deprive a person of one of those interests, procedural due process minimally requires for the government to afford the person notice, an opportunity to be heard & defend him or herself, and a decision made by a neutral decisionmaker.

Procedural due process is required by the [[Due Process Clause]]s of the [[Fifth Amendment to the United States Constitution|Fifth]] and [[Fourteenth Amendment to the United States Constitution|Fourteenth Amendments]] to the [[United States Constitution]].<ref name=":0" />{{Rp|617}}

Line 16:

# Requirement that the tribunal prepare a record of the evidence presented.

# Requirement that the tribunal prepare written findings of fact and reasons for its decision.

Not all the above rights are guaranteed in every instance when the government seeks to deprive a person life, liberty, or property. At minimum, a person is due only notice, an opportunity to be heard, and a decision by a neutral decisionmaker. Courts use various tests to determine whether a person should also be guaranteed any of the other above procedural rights.

== References ==