What is the difference between substantive and procedural due process?

Substantive and procedural due process are two different rights guaranteed by the United States Constitution. Substantive due process ensures that the government does not interfere with a person’s life, liberty, and property in an unreasonable or arbitrary way. This is achieved by requiring the government to meet certain standards when enforcing laws, rules, and regulations. In California, the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution is used to protect substantive due process rights. Procedural due process, on the other hand, ensures that individuals are given fair procedures before their life, liberty, or property is taken away by the government. In California, the Due Process Clause of the Fourteenth Amendment is also used to protect procedural due process rights. However, in addition to this, the California Constitution also protects procedural due process rights. This includes the right to notice and a hearing before a person’s property is taken away or their license is suspended. In conclusion, substantive due process ensures that the government does not interfere with a person’s life, liberty, or property in an unreasonable or arbitrary way, while procedural due process ensures that individuals are given fair procedures before their life, liberty, or property is taken away by the government. In California, the Due Process Clause of the Fourteenth Amendment is used to protect both of these rights.

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What is the difference between substantive and procedural due process?

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