What is the difference between substantive and procedural due process?

Substantive due process is a legal concept that protects citizens from laws that are deemed unjust or overly restrictive. It requires that all laws must be fair and reasonable in order to be considered valid. For example, an African-American individual in Louisiana could challenge a law that prohibits him/her from owning property in a historically white neighborhood. Procedural due process refers to the processes and procedures the government must follow when it is enforcing laws or when individuals are subject to a governmental action that could potentially deprive them of their life, liberty, or property. This includes protecting citizens from arbitrary decision-making by the government and providing them with a fair and efficient process to appeal or challenge decisions. In Louisiana, a procedural due process protection could be used by an individual who was accused of a crime and did not receive a speedy trial. In summary, substantive due process concerns the fairness of the law itself whereas procedural due process concerns the fairness of the process by which the law is enforced. Both are important to protect the rights of citizens and ensure justice is served.

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What is the difference between substantive and procedural due process?

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