noun

due process

dyoo PROSS-ess

Due process (noun) means the requirement that the state treat a person fairly and follow established legal procedures before depriving them of life, liberty or property, including fair notice of the charges and a chance to be heard. Example: “Holding him for six weeks without charge was a clear denial of due process.”

noun

The requirement that the state treat a person fairly and follow established legal procedures before depriving them of life, liberty or property, including fair notice of the charges and a chance to be heard.

"Holding him for six weeks without charge was a clear denial of due process."

"The court ruled that the eviction violated her right to due process."

By extension, any proper, orderly sequence of steps that an organisation is expected to follow before making a decision that affects someone.

"The union insisted the sacking be reviewed because due process had not been followed."

How to use due process

Learner’s notes

In plain EnglishThe rules the government has to follow before it can punish you or take something from you.

When to use it

Legal but widely used in general news writing; also used loosely in workplace and disciplinary contexts.

Memory tip

It is an uncountable noun: say 'he was denied due process', never 'a due process'.

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Easily confused with

equal protection natural justice rule of law

Common pairings

right to due process denial of due process due process of law due process rights without due process

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Holding him for six weeks without charge was a clear denial of _____.

Etymology

From 'due', from Old French 'deu', past participle of 'devoir' (to owe, from Latin 'debere'), plus 'process', from Latin 'processus' (a going forward). The phrase 'due process of law' appears in English statute language from the fourteenth century.

Origin: Middle English

Synonyms

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due process of law fair hearing natural justice procedural fairness proper procedure correct process

Rhymes for due process

process

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Frequently asked questions

What is the difference between substantive and procedural due process?

Procedural due process is about how the government acts: it must give fair notice, a hearing and an impartial decision-maker before taking your liberty or property. Substantive due process is about what the government may do at all, protecting certain fundamental rights from interference no matter how fair the procedure is.

Does due process only apply to criminal cases?

No. It applies whenever the state deprives someone of life, liberty or property, so it covers deportation hearings, benefit terminations, licence revocations and school expulsions as well as criminal trials. The amount of process required varies with what is at stake.

Where does due process come from in US law?

It appears in the Fifth Amendment, which binds the federal government, and the Fourteenth Amendment, which binds the states. The underlying idea traces back to English law and the guarantee of judgment by the law of the land.

What is the meaning of due process?

"due process" (noun) means the requirement that the state treat a person fairly and follow established legal procedures before depriving them of life, liberty or property, including fair notice of the charges and a chance to be heard.