Political vocabulary & government processes · Article 18 of 20 · United States
Due process
Fair legal procedures before certain deprivations.
What the term means
Due process provisions protect against government deprivation of life, liberty or property without legally required procedures. The process owed depends on the interest at stake and the circumstances.
How it works in practice
Procedural due process concerns notice and an opportunity to be heard in appropriate settings. Substantive constitutional protections are a separate, contested body of doctrine.
A concrete example
A person facing termination of certain public benefits may be entitled to notice and a chance to contest the decision under applicable law.
What to examine next
Ask what government action occurred, what protected interest is involved and what review procedure exists.
Next: Oversight.