Due Process, Due Process Clause, Substantive and Procedural Due Process
Summary
TLDRThis 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.
Outlines
📜 Introduction to Due Process
This paragraph introduces the concept of due process, highlighting its role in balancing the power of the law and protecting individuals from arbitrary government actions. It explains that due process violations occur when the government harms a person without following the law, which is a breach of the rule of law. The Supreme Court's definition of due process is outlined, emphasizing the need for laws to be reasonable, enforced through regular procedures, and equally applicable to all citizens. The Due Process Clause from the Philippine Constitution is mentioned, which safeguards life, liberty, and property, and ensures equal protection under the law for all persons, including citizens and aliens. The paragraph further elaborates on the meaning of 'life' and 'liberty' under the Due Process Clause, and how it encompasses the right to pursue a lawful occupation, express oneself, and make personal choices. It also discusses the scope of 'property' as defined in the clause and the purpose of the Due Process Clause to prevent abuse and arbitrariness by the government.
🏛️ Components of Due Process: Substantive and Procedural
This paragraph delves into the two components of due process: substantive and procedural. Substantive due process allows courts to protect fundamental rights from government interference and determines the validity of laws that affect life, liberty, or property. It serves as a check on the government's legislative power, ensuring that laws do not unjustly infringe on individual rights. Procedural due process, on the other hand, focuses on the methods of procedure that must be followed to ensure fairness before an individual's life, liberty, or property can be taken away. It guarantees a fair trial in a court of justice and includes the right to notice, an opportunity to be heard, and an impartial tribunal. The paragraph also discusses the importance of these procedural elements in administrative proceedings and how violations of due process can lead to serious jurisdictional issues, potentially invalidating legal proceedings.
👋 Conclusion
This paragraph appears to be incomplete or a placeholder, as it only contains the word 'you,' which does not provide any substantial content for summarization. It seems to be an invitation or a cue for further interaction, possibly intended to engage the audience or conclude the video script.
Mindmap
Keywords
💡Due Process
💡Due Process Clause
💡Substantive Due Process
💡Procedural Due Process
💡Rule of Law
💡Life, Liberty, and Property
💡Equal Protection of the Laws
💡Arbitrariness
💡Notice and Hearing
💡Jurisdiction
Highlights
Due process balances the power of law and protects individuals from it.
A due process violation occurs when the government harms a person without following the law.
The Supreme Court defines due process as having a reasonable law, enforced according to regular methods, and applicable to all citizens.
The Due Process Clause is stated in Article 3, Section 1 of the 1987 Philippine Constitution.
The Due Process Clause protects all persons, including citizens and aliens, from arbitrary deprivation of life, liberty, or property.
The right to life includes the security of one's body against unlawful harm and the pursuit of a lawful occupation.
Liberty encompasses the freedom from physical restraint and the freedom to use one's faculties in lawful ways.
Property in the Due Process Clause refers to things that are possessed and susceptible to appropriation.
The Due Process Clause guards against abuse and arbitrariness by the government.
Substantive due process allows courts to protect fundamental rights from government interference.
Procedural due process ensures fair trials and adherence to regular methods of procedure before life, liberty, or property can be taken away.
Notice, opportunity to be heard, and an impartial tribunal are fundamental elements of procedural due process.
Substantive due process focuses on what should be done, while procedural due process concerns how it should be done.
Violation of due process raises a serious jurisdictional issue that cannot be overlooked.
The Due Process Clause is a comprehensive guarantee against encroachment on life, liberty, and property.
The transcript provides a detailed explanation of the Due Process Clause and its implications for individuals and the government.
Transcripts
welcome back future criminologist
in this video I will be discussing
what is due process the due process
clause
procedural and substantive due process
what is due process
due process balances the power of law of
the land and protects the individual
person from it when a government harms a
person without following the exact
course of the law this constitutes a due
process violation which offends the rule
of law
according to the Supreme Court due
process means
there shall be a law prescribed in
harmony with the general powers of the
legislature
that the law shall be reasonable in its
operation
that the law shall be enforced according
to the regular methods of procedure
prescribed and
that the law shall be applicable alike
to all citizens of the state at all of a
class
Due Process Clause the Due Process
Clause of the Philippines is stated in
article 3 section 1 of the 1987
Philippine Constitution
which states that
no person shall be deprived of life
liberty or property without due process
of law nor shall any person be denied
the equal protection of the laws
who are protected under the Due Process
Clause
all persons where the citizens are
aliens without regard to any differences
of race religion color our nationality
are protected under the Due Process
Clause
private car operations legally existing
within the Philippines are persons
within the scope of the guarantee
insofar as their property is concerned
when we say no person shall be deprived
of life what does the word life means
the right to life is not merely a right
to the preservation of life but also to
the security of the limbs and organs of
the human body against any unlawful harm
this constitutional guarantee includes
the right of an individual to pursue a
lawful calling or occupation to express
right or even paid his ideas for as long
as he does not unlawfully transgress the
rights of others
the exercises freedom of choice whether
this is in the area of politics religion
marriage philosophy and
employment
even in the planning of his family and
in general to do and perform any lawful
activity which in his judgement will
make his life worth living
how about the word Liberty
Liberty include not only the right of a
citizen to be free from the mere
physical restraint of his person as by
incarceration but the term is deemed
embrace the right of the citizen to be
free in the engagement of all his
faculties or to be free to use them in
all lawful ways
lastly what properties are included in
the Due Process Clause
property refers to things which are
susceptible of appropriation and which
are already possessed and found in the
possession of man
what is the pose of the Due Process
Clause
the Due Process Clause is a guarantee
against any kind of abuse and
arbitrariness by anyone in any of the
branches of the government
more specifically the purpose of the due
process clause is to one prevent endure
encroachment against the life liberty
and property of individuals
to secure the individual from the
arbitrary exercise of powers of the
government and restrained by the
established principles of private rights
and distributive justice
3 protect property from confiscation by
legislative enactments from seizure for
feature and destruction without a trial
and conviction by the ordinary modes of
judicial procedures
there are two components of due process
one substantive due process and two
procedural due process
substantive due process
substantive due process is a principle
allowing courts to protect certain
fundamental rights from government
interference
substantive due process demarcates the
line between the acts that courts ought
to be subject to government regulation
or legislation and the acts that cars
place beyond the reach of governmental
interference
it requires the intrinsic validity of
the law in interfering with the rights
of the person to his life liberty or
property
this serves as a restriction on the
government's law and rulemaking powers
if a law is invoked to take away one's
life liberty or property the more
specific concern of substantive due
process is not to find out where they
said law is being enforced in accordance
with procedural formalities
where they decide law is a proper
exercise of legislative power
take note that publication of loss is
part of substantive due process
it is a rule of law that before a person
may be bound by law he must be
officially and specifically in form of
its contents
example of substantive due process and
employees right not to be dismissed
without just are authorized cause as
provided by law discovered by his right
to substantive due process
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procedural due process
procedural due process refers to the
regular methods of procedure to be
observed before one's life liberty or
property can be taken away from him
simply stated it means that the
procedure to be observed must be fair
it is a guarantee to obtain a fair trial
in a court of justice according to the
mode of proceeding applicable to each
case
this includes not only courts of justice
but also any and all administrative
bodies berths are tribunals
the fundamental elements of procedural
due process are as follows
first there must be a notice
second after notice opportunity to be
heard and third impartial and competent
tribunal or court
through to the mandate of due process
clause the basic rights of notice and
hearing pervade not only in criminal and
civil proceedings but in administrative
proceedings as well
now observance of these rights will
invalidate the proceedings
substantive due process refers to what
should be done
while procedural due process concerns
how it should be done
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effect when due process is not observed
the
Cardinal preserve is that where there is
a violation of basic constitutional
rights parts are stood from their
jurisdiction the violation of a party's
right to due process raises a serious
jurisdictional issue which cannot be
gloss over my district I did at will
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