What is the difference between substantive and procedural due process?
Substantive due process and procedural due process are two different types of legal protection provided by the U.S. Constitution. Both types of due process are important for protecting personal liberties in Washington State. Substantive due process refers to the protection of certain rights that are considered fundamental and basic to personal liberty. In other words, governments are restricted from infringing on these rights. Examples of rights that are protected by substantive due process include freedom of speech and the right to privacy. Procedural due process is the protection that all individuals are entitled to before government action is taken against them. This due process requires the government to give individuals fair procedures before imposing punishments or restrictions. Examples of these procedures include the right to an attorney and the right to a hearing. In summary, substantive due process refers to the protection of fundamental rights, while procedural due process is the requirement of fair procedures before the government takes action against a person. Both types of due process are important for protecting personal liberty in Washington State.
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