Due Process Clause Law and Legal Definition

Due Process Clause is a clause in the U.S. Constitution that embodies a system of rights based on moral principles. The due process principle states that the government must respect all of the legal rights that are owed to a person according to the law. Thus the due process clause in the constitution prohibits the state and local government from depriving people of their life, liberty, or property without certain steps being taken. In the U.S. Constitution, the concept of due process is discussed under the fourteenth and the fifth amendments to the constitution. Following is the excerpt of USCS Const. Amend. 14, § 1 dealing with due process:

“***nor shall any State deprive any person of life, liberty, or property, without due process of law****”

Under the Fifth Amendment the due process clause has two aspects:

1. procedural- Procedural due process is concerned with the process by which legal proceedings are conducted; and

2. substantive- Substantive due process is concerned with the content of particular laws that are applied during legal proceedings.