< Back

Political Law

CoreDoctrines Overview

Due Process

Description

Due process of law is the constitutional guarantee that government action affecting life, liberty, or property must be carried out with fundamental fairness, reasonableness, and justice, both in the substance of the law and in the manner of its enforcement.

Purpose

This doctrine exists to ensure that government power is exercised fairly, rationally, and with respect for individual rights. It prevents arbitrary action by requiring lawful procedures and justifiable outcomes before life, liberty, or property may be affected.

Main points

Government power is limited by standards of fairness
Both substantive and procedural dimensions are constitutionally protected
The guarantee applies to all branches and instrumentalities of government