Due Process
Due process is one of the most important aspects in administration of justice. In particular, if there was no guarantee of due process in the Constitution of the United States, individuals rights stipulated in the bill of rights would be worthless (Williams, 2010). In this perspective, due process entails fair treatment or rights given to all individuals to receive opportunity and notice to be heard before any deprivation can occur. Ideally, due process is of two types: substantive and procedural due process. The procedural due process entails procedural limitation that regulates the way which law is enforced or administered. This means that the government is prohibited from depriving citizens of their legally protected interests. The government must give an individual opportunity to be heard under procedural due process. The right of an individual to be aware of the evidence against him/her is an example of the procedural due process. On the other hand, under substantive due process, the government is prohibited against infringing on the liberties stipulated in the constitution (Williams, 2010). Right to vote is an example of the substantive due process.
Importance of Due Process
As indicated, due process is one of the fundamental rules of law, which protects individuals by ensuring they receive their rights. Through the due process of the 14th Amendment of the Constitution, the Supreme Court of the United States incorporated many prohibitions and protections contained in the Bill of Rights. As a result, the Supreme Court was reluctant and moved slowly in extending the due process clause to the States (Chapman & McConnell, 2011). Thus, it would be imperative to indicate that since the Supreme Court incorporated various protections and prohibitions, it moved slowly while extending the due process clause to ensure that the state and local government obeyed the incorporated Bill of Rights.
References
Chapman, N. S., " McConnell, M. W. (2011). Due process as separation of powers. Yale LJ, 121, 1672.
Williams, R. C. (2010). The One and Only Substantive Due Process Clause. The Yale Law Journal, 408-512.
