Define due process and explain the difference between substantive and procedural due process


The Fifth and Fourteenth Amendments prohibit the Federal and State governments, respectively, from depriving any per-son of life, liberty, or property without due process of law. Due process has two different aspects: substantive due proc-ess and procedural due process.
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Substantive law creates, defines, or regulates legal rights, whereas procedural law establishes the rules for enforcing those rights. Accordingly, substantive due process concerns the compatibility of a law or government action with funda-mental constitutional rights such as free speech. In contrast, procedural due process involves the review of the decision-making process that enforces substantive laws and results in depriving a person of life, liberty, or property.

Business

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What will be an ideal response?

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