What is the difference between substantive and procedural due process?

Substantive due process and procedural due process differ in the aspects of the law they protect. Substantive due process protects individuals from government interference that is considered arbitrary or unjust. This includes laws with overly broad restrictions or those with a clear reason to be enacted but are being applied in a way that goes against their intent. On the other hand, procedural due process focuses on the procedures used by the government to ensure a fair and just process. This includes the right to a fair hearing, which may include the right to counsel or to present evidence, and other procedures set by the court to ensure that a fair decision is reached. In Alaska, the state constitution safeguards both substantive and procedural due process. The constitution sets out the rights of individuals, sets forth the levels of justice that must be provided, and ensures that those accused of a crime are given a fair trial according to the law. In essence, both substantive and procedural due process serve to protect the rights of individuals from the interference of the government.

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What is the difference between substantive and procedural due process?

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