What is the difference between substantive and procedural due process?

Substantive and procedural due process are two important legal concepts related to the right to life, liberty and property that is protected by the U.S. Constitution. Substantive due process is the idea that the government may not pass laws or regulations that infringe on an individual’s fundamental rights, while procedural due process is the idea that the government must provide citizens with fair procedures and safeguards when it attempts to take away their life, liberty, or property. In North Carolina, substantive due process is typically expressed as a fundamental right to privacy. This means that the government may not pass a law that bars individuals from participating in activities such as buying birth control, interracial marriage, or abortion, among other activities. These activities are protected by the constitution as fundamental rights. Procedural due process in North Carolina is expressed as a requirement that the government provide certain safeguards and fair notice and the opportunity to be heard when the government plans to take away an individual’s life, liberty, or property. This ensures that the individual accused of a crime has the right to a trial and to present evidence in their defense or an individual being evicted has the right to a hearing before a judge. This is to protect individuals from being unfairly treated by the government. In summary, substantive due process protects certain fundamental rights, while procedural due process provides individuals with fair procedures when the government attempts to take away life, liberty, or property. Together, these two concepts ensure that the government cannot unfairly treat individuals in North Carolina.

What is the difference between substantive and procedural due process?

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