Procedural Due Process Essay College Entrance Essay Prompts
Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process) so that judges, instead of legislators, may define and guarantee fundamental fairness, justice, and liberty. Analogous to the concepts of natural justice, and procedural justice used in various other jurisdictions, the interpretation of due process is sometimes expressed as a command that the government must not be unfair to the people or abuse them physically. However, neither concept lines up perfectly with the American theory of due process, which, as explained below, presently contains many implied rights not found in either ancient or modern concepts of due process in England.
The term is not used in contemporary English law, but two similar concepts are natural justice, which generally applies only to decisions of administrative agencies and some types of private bodies like trade unions, and the British constitutional concept of the rule of law as articulated by A. Due process developed from clause 39 of Magna Carta in England.
(that is, to speak it once and for all) by the due course, and process of law.." In that case, the British House of Commons had deprived John Paty and certain other citizens of the right to vote in an election and committed them to Newgate Prison merely for the offense of pursuing a legal action in the courts.[I]t is objected, that by Mag. But to this I answer, that lex terrae is not confined to the common law, but takes in all the other laws, which are in force in this realm; as the civil and canon law.... Chief Justice Holt dissented in this case because he believed that the commitment had not in fact been by a legal authority.
(Board of Curators of the University of Missouri v.
Due process balances the power of law of the land and protects the individual person from it.
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.
This constitutional guarantee is embodied in the Fifth Amendment which states that “No person shall be…deprived of life, liberty and property without due process of law.” This is also emphasized in the Fourteenth Amendment which states thus, “nor shall any State deprive any person of life, liberty, or property, without due process of law.” Two Purposes of Due Process Rights of Students The protection guaranteed under the due process clause extends to the realm of the educational institutions, specifically in favor of students (V Lane Rawlins, 2005, p.1).
This constitutional guarantee as applied in educational institution serves two distinct purposes.