Procedural due process

Not to be confused with Substantive due process.

Procedural due process is a legal doctrine in the United States that requires government officials to follow fair procedures before depriving a person of life, liberty, or property.[1]:657 When the government seeks to deprive a person of one of those interests, procedural due process minimally requires for the government to afford the person notice, an opportunity to be heard, and a decision made by a neutral decisionmaker.

Procedural due process is required by the Due Process Clauses of the Fifth and Fourteenth Amendments to the United States Constitution.[1]:617

References

  1. 1 2 Glicksman, Robert L.; Levy, Richard E. (2010). Administrative Law: Agency Action in Legal Context. 9781599416106: Foundation Press.


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