Right to Due Process of Law

• Due process


  Fairness under the law
• Due process

  • A law should hear before it condemns, proceeds upon inquiry, and renders judgement only after trial
• Equal protection of the laws


  Legislations should be universal in application to all individuals, without regard to any difference in race, color, or nationality
• Two aspects of due process

  • Substantive due process
  • Procedural due process
• Substantive due process


  The law itself is not biased, discriminatory, or unfair
• Procedural due process


  How a law is implemented and enforced
• An indispensable requisite of procedural due process is the requirement of notice and hearing
• Non-reading of the Miranda Rights is an example of procedural due process violation
• A person can be deprived of life, liberty, or property if due process is implemented
• A law is considered valid when it is reasonable in its application, not contrary to the constitution, and within the power of the legislative to enact
• "A law should hear before it condemns, proceeds upon inquiry, and renders judgement only after trial" is a principle under the right to due process of law