---
title: "Due Process"
type: Legal Term
source: https://casebriefly.com/legal-terms/due-process
---

# Due Process

Due process is a constitutional guarantee under the Fifth and Fourteenth Amendments that no person shall be deprived of life, liberty, or property without due process of law. It encompasses two distinct protections: procedural due process, which requires fair procedures (notice and a hearing) before the government acts, and substantive due process, which protects certain fundamental rights from government interference regardless of the procedures used. Due process is the primary constitutional vehicle for protecting individual rights against government overreach.

## Related Terms

- substantive-due-process
- procedural-due-process
- equal-protection

## Related Cases

- mathews-v-eldridge
- cleveland-board-of-education-v-loudermill
- roe-v-wade
- lawrence-v-texas

## Example

A public university expels a student without a hearing. This violates procedural due process because the student has a property interest in continued enrollment.

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Source: [Due Process — CaseBriefly](https://casebriefly.com/legal-terms/due-process)