What is the difference between substantive and procedural due process?

Substantive due process and procedural due process are two important concepts in Constitutional Law in Virginia. Substantive due process is concerned with the governmental action itself—namely, what is the state allowed to do and what should it not do. Procedural due process is concerned with how the state takes action. Substantive due process serves to protect individual rights from government interference. It is based on the idea that the government should not be able to take away or restrict a person’s fundamental or basic rights. This includes things like the right of private property, life, and liberty, as well as other fundamental rights. In Virginia, substantive due process is especially important in the context of criminal law, where it helps to protect the public from arbitrary or unreasonable governmental action. Procedural due process is concerned with ensuring that people are treated fairly when the government takes action that could affect their rights. It also ensures that people have the right to due process of law—that is, the right to be informed of the government’s decision, to be given a fair hearing before a neutral decisionmaker, and to have their case heard by a jury of peers. Procedural due process applies to both criminal and civil cases, and it is an important part of protecting the public from unjust governmental action in Virginia.

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What is the difference between substantive and procedural due process?

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