Substantive due process

Definition

Substantive due process is a principle that protects citizens from laws that infringe on fundamental rights not explicitly mentioned in the Constitution, by asserting that laws must be fair, reasonable, and just in their content, not just in their procedural enforcement. It ensures governmental power is exercised within constitutional boundaries to protect individual liberties.

Related terms

Procedural Due Process: Procedural due process ensures individuals have fair procedures or hearings before being deprived of life, liberty, or property.

Equal Protection Clause: The Equal Protection Clause of the 14th Amendment requires states to apply the law equally and prohibits discrimination against individuals or groups.

Fundamental Rights: Fundamental rights are basic human rights implicitly guaranteed by the Constitution, such as freedom of speech and privacy, which receive heightened protection from governmental interference