Due Process 41.1.

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PROCEDURAL DUE PROCESS Requires that procedures used by govt in making, applying, interpreting, and enforcing the law be reasonable and consistent.
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Presentation transcript:

Due Process 41.1

There are two types of due process that the Constitution guarantees Procedural due process refers to a citizen's right to fair access and treatment in the courts Ex-Must be given notice of actions pending against you Ex-opportunity to be heard Ex-right to be heard by an impartial person

Substantive due process protects fundamental rights-protects basic freedoms by making sure that the government doesn't violate a fundamental right without a very good reason Ex-right to privacy Ex-right to marry

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