Constitutionally determined doctrine requiring that any legal proceeding or
legislation protect or respect certain rights of the persons or groups involved
in the proceedings or affected by the legislation. See also fundamental fairness
procedural due process
The requirement that a legal proceeding affords an affected
person, such as the defendant in a criminal case, certain rights such as that
of notice of the charges or claims, and an opportunity to contest them before a
neutral tribunal. These rights are defined by the Fifth and Fourteenth
Amendments to the United States Constitution and by court cases thereunder.
substantive due process
The Constitutional requirement that federal, state, and
local legislation should not interfere with the rights defined by the Fifth and
Fourteenth Amendments, unless such legislation serves a compelling governmental
interest in the subject matter, and utilizes the least restrictive means to
accomplish that interest.