Substantive Due Process

Definition - What does Substantive Due Process mean?

Substantive due process can be defined as the substantive amount of limitation on the subject matter or content of federal and state laws. This limitation is placed by the Fifth and Fourteenth Amendments to the Constitution in the form of due process clauses.

Justipedia explains Substantive Due Process

Substantive due process is different to procedural due process.

Generally, substantive due processes prevent the government from infringing the right of citizens or constitutional liberties.

The Due Process Clause of the Fourteen Amendment states that no one should be deprived of liberty, life or property without due process of law.

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