Essay On Substantive Due Process

Procedural due process and Substantive due process may seem similar but they have vast differences. The overall purpose of due process is to extend justice and fairness to the individual in relationship to government.

Procedural due process is an analysis of the procedure required by the constitution when states seek to deprive people of life, liberty or property. Procedural due process is made to protect individual citizens from the coercive power of the Government by ensuring the adjunction process under valid, impartial and fair laws. Procedural due process is a basic claim under the fourteenth amendment that there is an absence of fair process. An example of Procedural due process is that a student could not be expelled from school because education is a guaranteed citizen’s property. An additional example of Procedural due process would be if a school district permitted corporal punishment without a prior determination of some violations of school rules by the student. The student’s procedural due process rights would be violated because there was no violation to cause the punishment. Even if there was such a violation, under procedural due process the student has to

Procedural law requires notice and a hearing while substantive due process is governmental objective. Basically, substantive due process has to do with very specific fundamental rights of citizens’ while procedural due process is when a citizen is not awarded the proper procedures under law. Substantive due process is additional to procedural due process. Procedural law is the analysis of how law is administrated while substantive is an individual analysis of the law. Procedural law has to do with both criminal and civil law. While substantive law deals with mostly civil