Due Process of Law

A fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one's life, liberty, or property. Also, a constitutional guarantee that a law shall not be unreasonable, ARBITRARY, or capricious.

The constitutional guarantee of due process of law, found in the Fifth and Fourteenth Amendments to the U.S. Constitution, prohibits all levels of government from arbitrarily or unfairly depriving individuals of their basic constitutional rights to life, liberty, and property. The DUE PROCESS CLAUSE of the FIFTH AMENDMENT, ratified in 1791, asserts that no person shall "be deprived of life, liberty, or property, without due process of law."...

[The entire page is 3070 words long]

Join eNotes

The above is a free excerpt. Get total access to this content with the:

Lookup any word on eNotes with our dictionary. Highlight the word and press SHIFT + D for a definition, or SHIFT + T for a synonym.