Wednesday 4 April 2018

Due process of law

It is axiomatic in a democratic society that no one should be deprived of life, liberty or property without due process of law, i.e. to be given a chance to be heard and present a case according to the rules set forth by the authorities before any action can be taken. Failing this, any action of the government to take one’s life, liberty or property is void and of no effect. Due process is the legal requirement that the state must respect all legal rights that are owed to a person. It is a course of formal proceedings carried out regularly and in accordance with established rules and principles that enables fair treatment through the normal judicial systemIt is also a judicial requirement that enacted laws may not contain provisions that result in the unfair, arbitrary, or unreasonable treatment of an individual. Due process balances the power of law of the land and protects the individual person from it. 
  • Due process guarantees that no person shall be deprived of life, liberty or property without due process of law.
  • 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. 
  • The law of due process generally evokes the right of an individual to be heard before the imposition of punishment or penalties by the government.
  • Due process does not mean you have the right to be believed, just that you have the right to be heard.
  • Due process in court is one thing. But in the court of public opinion, it is a much more fluid notion, entangling questions of what is fair, what is reasonable to believe, and what rings emotionally true.
  • The due process of a court action is often a very complicated and lengthy affair, involving pretrial discovery, witnesses, and a judicial proceeding. But given the stakes of loss of life or liberty, that makes sense. 
  • The due process depends on context. The hearing may be very summary or informal or requires a jury trial with a standard of proof of beyond a reasonable doubt.
  • The due process depends on the value or importance of the deprivation, and to some extent on the likelihood that more process might change the outcome. In the criminal context, where the stakes are higher, the amount of process is greater.
  • For everyone, due process connotes only procedural protections: the process due (e.g., notice, opportunity to be heard) before someone is deprived of something.
  • It is an obligation owed only by the government. A private person does not owe “due process” to another private person.
  • In the case of employees the due process would be minimal. And it is important to note that employee can waive their right to insist on due process by resigning from employment and may well waive any due process rights that the employee otherwise would have had.
  • At bottom, due process is our protection against arbitrary governmental action and is triggered only when the government acts. It does not apply to the press or the court of public opinion, or to private employers.
Due process gives all people the basic right to receive “written notice and an opportunity to be heard” before government takes any steps to deprive them life, liberty, or property. The subjects gets opportunity to speak against the deprivation, i.e. to appear in front of a judge to explain why this deprivation should not occur and how the subjects are in the right, and the government should not be permitted to take your life, liberty, or property.


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