Due Process, Due Process Clause, Substantive and Procedural Due Process

Summary

This video delves into the concept of due process, highlighting its role in balancing governmental power with individual rights. It explains the Due Process Clause, emphasizing its protection of life, liberty, and property from arbitrary state actions. The video distinguishes between substantive and procedural due process, illustrating how they safeguard against unjust laws and ensure fair trials. It underscores the importance of notice, hearing, and impartial tribunals in upholding due process, concluding with the serious implications of its violation on jurisdiction.

Takeaways

• 📚 Due process is a legal principle that balances the power of the government with the protection of individual rights.
• 🏛️ The Due Process Clause is found in the 1987 Philippine Constitution, ensuring no person is deprived of life, liberty, or property without due process of law.
• 🌐 Protection under the Due Process Clause extends to all persons, including citizens and aliens, regardless of race, religion, color, or nationality.
• 🧍‍♂️ 'Life' in the context of due process includes not only the right to life but also the security of one's body against unlawful harm.
• 🏡 'Liberty' encompasses the freedom from physical restraint and the right to engage and use one's faculties in lawful ways.
• 🏢 'Property' in the Due Process Clause refers to things that can be owned and are in the possession of individuals.
• 🛡️ The purpose of the Due Process Clause is to prevent abuse and arbitrariness by the government, protect individuals from arbitrary exercise of government powers, and secure property rights.
• 📜 Substantive due process allows courts to protect fundamental rights from government interference and requires laws to be intrinsically valid when interfering with personal rights.
• 📋 Procedural due process ensures fair trials and adherence to regular methods of procedure before life, liberty, or property can be taken away.
• 🚫 Violations of due process can lead to serious jurisdictional issues and may result in proceedings being invalidated.

Q & A

What is the primary purpose of due process?

Due process primarily serves to balance the power of the law with the protection of individual rights, ensuring that the government does not harm a person without following the proper legal procedures.

How does the Due Process Clause protect individuals?

The Due Process Clause protects individuals by ensuring that no person can be deprived of life, liberty, or property without adhering to the law, and by guaranteeing equal protection under the law for all, regardless of race, religion, color, or nationality.

What does the term 'life' encompass under the Due Process Clause?

Under the Due Process Clause, 'life' includes not only the right to the preservation of life but also the security of one's limbs and organs against unlawful harm, and the right to pursue a lawful calling or occupation.

What is meant by 'liberty' in the context of due process?

'Liberty' refers to the freedom from physical restraint, such as incarceration, and the broader freedom to engage and use one's faculties in all lawful ways.

What is considered 'property' within the scope of the Due Process Clause?

Property, as defined by the Due Process Clause, includes things that are susceptible to appropriation and are already in the possession of a person.

What are the two components of due process?

The two components of due process are substantive due process and procedural due process.

How does substantive due process function?

Substantive due process allows courts to protect certain fundamental rights from government interference and determines the validity of laws that interfere with an individual's life, liberty, or property.

What is the role of procedural due process?

Procedural due process ensures that a fair trial is conducted in a court of justice or any administrative body, following the established procedures, which includes the right to notice, the opportunity to be heard, and an impartial tribunal.

What happens when due process is violated?

A violation of due process raises a serious jurisdictional issue that can result in the invalidation of proceedings, as it stands as a fundamental constitutional right.

Can you provide an example of substantive due process in action?

An example of substantive due process is an employee's right not to be dismissed without just cause, as provided by law, which is protected by substantive due process.

How does the Due Process Clause apply to private entities operating within a country?

Private entities legally operating within a country are considered 'persons' under the Due Process Clause, especially concerning the protection of their property rights.