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.

Outlines

00:00

📜 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.

05:02

🏛️ 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.

10:04

👋 Conclusion

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Keywords

💡Due Process

Due process is a legal principle that ensures fairness and justice in the application of laws. It is central to the video's theme as it discusses how due process protects individuals from arbitrary actions by the government. The video explains that due process violations occur when the government harms a person without following the proper legal procedures, which offends the rule of law. An example from the script is the statement that 'due process means there shall be a law prescribed in harmony with the general powers of the legislature.'

💡Due Process Clause

The Due Process Clause is a section of the constitution that guarantees individuals the right to due process. In the video, it is mentioned in the context of the Philippine Constitution, specifically Article 3, Section 1, which states that no person shall be deprived of life, liberty, or property without due process of law. This clause is integral to the video's discussion on the protection of individual rights and the constraints it places on government power.

💡Substantive Due Process

Substantive due process refers to the principle that allows courts to protect certain fundamental rights from government interference. The video explains that it delineates the boundary between what acts are subject to government regulation and what acts are beyond governmental reach. An example given is the right of employees not to be dismissed without just and authorized cause, which is protected by substantive due process.

💡Procedural Due Process

Procedural due process is about the methods and steps that must be followed in legal proceedings to ensure fairness. The video emphasizes that it guarantees a fair trial in a court of justice, including notice, opportunity to be heard, and an impartial tribunal. It is contrasted with substantive due process in that it focuses on 'how' legal actions should be conducted, rather than 'what' should be done.

💡Rule of Law

The rule of law is a fundamental principle that all members of a society, including the government, are subject to and accountable to laws that are fairly applied and enforced. In the video, it is mentioned in the context of due process violations, which offend the rule of law when the government harms a person without following the exact course of the law.

💡Life, Liberty, and Property

These terms are fundamental rights protected under the Due Process Clause. The video explains that 'life' is not just the right to preservation of life but also includes the security of one's limbs and organs. 'Liberty' encompasses freedom from physical restraint and the freedom to engage one's faculties in lawful ways. 'Property' refers to things that are possessed and susceptible to appropriation. These rights are central to the video's discussion on the protections offered by due process.

💡Equal Protection of the Laws

Equal protection of the laws ensures that all individuals are treated equally under the law, regardless of differences in race, religion, color, or nationality. The video mentions that the Due Process Clause guarantees this protection, ensuring that laws are applied equally to all citizens and persons within the jurisdiction.

💡Arbitrariness

Arbitrariness refers to actions that are capricious, random, or unreasonable, often without any guiding principles. In the context of the video, the Due Process Clause is presented as a safeguard against arbitrariness by the government, ensuring that actions taken against individuals are not random but are based on established laws and principles.

💡Notice and Hearing

Notice and hearing are fundamental elements of procedural due process. The video explains that before one's life, liberty, or property can be taken away, they must be given notice and an opportunity to be heard. This ensures that individuals have a chance to defend themselves in legal proceedings, which is essential for a fair trial.

💡Jurisdiction

Jurisdiction refers to the authority of a court or government body to make decisions and judgments. The video discusses how violations of due process can raise serious jurisdictional issues, implying that government bodies must act within their legal authority. An example is provided where a violation of a party's right to due process can strip a body of its 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

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