due process

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due process

noun due process of law, legal fairness, legal safeguards, protection against deprivations, proteccion guarantees, protection of deprivation of accepted legal principlesGenerally: fundamental fairnessSpecifically: Fifth Amendment, Fourteenth Amendment
Associated concepts: procedural due process, right to connront accuser, substantive due process
References in periodicals archive ?
It begins by providing an overview of the Supreme Court's modern procedural due process jurisprudence, with a focus on the cluster of decisions issued in the wake of the due process revolution of the 1970s.
Translated into the language of rights, these concerns could be addressed through rights to family unity, nondiscrimination based on immigration status, procedural due process in immigration proceedings, and territorial security.
106) When the Supreme Court found itself divided over the rights of Guantanamo detainees three times in the next five years, Kennedy's viewpoint would determine the Court's ruling: aliens have a right to procedural due process when detention becomes prolonged.
sanctions against individuals are procedural due process rights.
A procedural due process inquiry for judicial takings claims would
Polouizzi, United States District Judge Jack Weinstein of the Eastern District of New York found that AWA's requirement of electronic monitoring was "unconstitutional as applied in the present case" because it "violates the constitutional prohibition on excessive bail and guarantee of procedural due process as applied to this defendant at the present time.
In the context of the single fact-finder, the new Article 120's double burden-shift not only defies explanation, it creates procedural due process problems.
The Second Circuit held that kinship foster parents and children, like other extended family members living together, have an "important liberty interest" in maintaining such familial relationships, which is entitled to procedural due process protection under the Fourteenth Amendment and which is not waived when kinship foster parents sign foster care agreements with the government.
But the strong emphasis the Catholic faith puts on human dignity, equality and substantive and procedural due process go against the spirit and letter of laws that infringe on the rights of persons who assert that the government denies them their rights.
But, also in this realm lies the sometimes overlooked yet equally important concept of respecting procedural due process.