Jul 1, 2025 · In short, procedural due process ensures you get a fair “day in court,” while substantive due process questions if the law that brought you to court is valid in the first place.

As indicated by the name, procedural due process is concerned with the procedures the government must follow in criminal and civil matters, and substantive due process is related to …

Dec 15, 2018 · There are two forms of due process: Substantive and procedural. Substantive due process looks at whom the law will impact and what impact the law will have. Procedural due …

While procedural due process focuses on how the government acts, substantive due process addresses what the government can do. This doctrine holds that certain rights are so …

Dec 5, 2025 · Think of it this way: substantive rights are what the government can or cannot do to you—your core freedoms and liberties. Procedural rights are how the government must act …

This video breaks down the critical concepts of procedural and substantive due process, making complex legal ideas accessible to everyone.

Substantive due process protects fundamental rights by preventing the government from enacting unreasonable or oppressive laws, while procedural due process ensures fairness in the …

Litigants bringing constitutional challenges to state government action often invoke the doctrines of procedural or substantive due process or argue that state action violates the Bill of Rights, …

Apr 23, 2024 · Procedural due process ensures fair treatment during laws or actions, while substantive due process restricts government actions that infringe on basic liberties.

The Distinction: While substantive due process deals with the substance or content of the law itself, ensuring that certain rights are protected regardless of procedures, procedural due …