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- Substantive_due_process abstract "In United States constitutional law, substantive due process (SDP) is a principle which allows federal courts to protect certain fundamental rights from government interference under the authority of the due process clauses of the Fifth and Fourteenth Amendments to the Constitution, which prohibit the federal and state governments, respectively, from depriving any person of "life, liberty, or property, without due process of law." That is, substantive due process demarcates the line between, on the one hand, acts by persons of a public or private nature that courts hold are subject to public regulations or legislation, and on the other hand, acts that courts place beyond the reach of governmental interference. Whether the Fifth and/or Fourteenth Amendments were intended to serve this function continues to be a matter of scholarly as well as judicial discussion and dissent.SDP is to be distinguished from procedural due process (PDP). The distinction arises from the phrase "due process of law". PDP aims to protect individuals from the coercive power of government by ensuring that adjudication processes under valid laws are fair and impartial (e.g., the right to sufficient notice, the right to an impartial arbiter, the right to give testimony and admit relevant evidence at hearings). In contrast, SDP aims to protect individuals against majoritarian policy enactments that exceed the limits of governmental authority—that is, courts may find that a majority's enactment is not law, and cannot be enforced as such, regardless of how fair the processes of enactment and enforcement actually are.The term "substantive due process" was first used explicitly in 1930s legal casebooks as a categorical distinction of selected due process cases, and by 1950 had been mentioned twice in Supreme Court opinions. The term "substantive due process" itself is commonly used in two ways: first, to identify a particular line of case law; and second, to signify a particular political attitude toward judicial review under the two Due Process Clauses.Much SDP litigation involves legal challenges regarding unenumerated rights which seek particular outcomes instead of merely contesting procedures and their effects; in successful cases, the Supreme Court recognizes a constitutionally-based "liberty" which then renders laws seeking to limit said "liberty" either unenforceable or limited in scope. Critics of SDP decisions usually assert that those liberties ought to be left to the more politically accountable branches of government.".
- Substantive_due_process wikiPageID "585092".
- Substantive_due_process wikiPageRevisionID "589493024".
- Substantive_due_process hasPhotoCollection Substantive_due_process.
- Substantive_due_process subject Category:Due_Process_Clause.
- Substantive_due_process subject Category:Legal_terms.
- Substantive_due_process subject Category:United_States_substantive_due_process_case_law.
- Substantive_due_process comment "In United States constitutional law, substantive due process (SDP) is a principle which allows federal courts to protect certain fundamental rights from government interference under the authority of the due process clauses of the Fifth and Fourteenth Amendments to the Constitution, which prohibit the federal and state governments, respectively, from depriving any person of "life, liberty, or property, without due process of law." That is, substantive due process demarcates the line between, on the one hand, acts by persons of a public or private nature that courts hold are subject to public regulations or legislation, and on the other hand, acts that courts place beyond the reach of governmental interference. ".
- Substantive_due_process label "Debido proceso fundamental".
- Substantive_due_process label "Substantive due process".
- Substantive_due_process sameAs Debido_proceso_fundamental.
- Substantive_due_process sameAs m.05_5ptt.
- Substantive_due_process sameAs Q7632092.
- Substantive_due_process sameAs Q7632092.
- Substantive_due_process wasDerivedFrom Substantive_due_process?oldid=589493024.
- Substantive_due_process isPrimaryTopicOf Substantive_due_process.