Constitutional Law
Procedural Due Process
Definition
Procedural due process requires the government to follow fair procedures before depriving an individual of life, liberty, or property. The analysis is two-fold: first, does the individual have a protected interest in life, liberty, or property? Second, what process is due? Under the Mathews v. Eldridge balancing test, courts weigh the private interest affected, the risk of erroneous deprivation and the value of additional safeguards, and the government's interest in efficiency.
Example
A government agency terminates disability benefits without a pre-termination hearing. The question is whether due process requires an evidentiary hearing before the deprivation.