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How is procedural due process different from substantive due process?
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Under the Fifth Amendment and the broader framework of the United States Constitution, the concept of due process is divided into two distinct categories:
- Procedural Due Process: This refers to the requirement that the government must follow established, fair legal proceedings and rules before depriving an individual of life, liberty, or property. It focuses on the fairness of the methods used by the state, such as ensuring proper notice and a hearing.12
- Substantive Due Process: This is a judicial doctrine holding that the laws themselves must be fair and reasonable. It prevents the government from enacting legislation that results in the arbitrary or unreasonable treatment of individuals, even if the procedures used to enforce those laws are technically correct.1
While procedural due process ensures that the "how" of legal action is fair, substantive due process examines the "what," ensuring that the substance of the law does not infringe upon fundamental rights without a legitimate public interest.2