What Do You Mean By Due Process of Law?

Most often than not we hear or hear this term or word “due process of law”, especially in the phrase “No person shall be deprived of life, liberty, or property without due process of law”.

Maybe you may ask what do you mean by the term “due process”? What is due process of law all about?

Every modern society, no matter what form of government it has in place has a Legal System that is being followed by all of the members of that given or particular society in relation to each other. Likewise the government of any society must conform to its own Legal System in its relation and transaction with all the members of that society.

Definition of Due Process Of Law

   A process is something that a person follows from the start until the end of his or her conduct, whether that person is a natural person or a juridical person like the State or government or corporation or company.

In terms of law, it is the very procedure that the law itself commands to be followed in any given or particular situation as a guide to any human action. When we hear or read the term “due process”, what comes to mind is always the “procedural aspect” of the law rather than its substantive aspect.

It has been remark and characterize that due process of law is one that hears before it condemns, one which proceeds from inquiry, and render judgment only after trial.” In other words, no one in society may be deprived of his or her life, liberty or property without observing the proper procedure lay down by the very law itself.

Take not that the three primary subjects which is connected with the term or phrase “due process of law” is no less than the three most important thing which makes one’s existence worth living for: “life”, “liberty” or “property”.

Let us analyze for a moment the two basic component or the twin requirements of due process which are: notice and hearing.

There can be no due process of law without any notice. There can also be no due process without any hearing. In fact, one cannot do without the other. Both the elements of notice and hearing must be observed so that it can be truly said that there is “due process of law”.

The very purpose of due process of law is to know the truth and obtain justice in a case to case and in a situation to situation basis. Its very aim is the elementary and cardinal rule of justice, fair play and to level the playing field.

Common sense and reason tell us that no one is accountable or answerable for anything unless that very person has done or committed that thing.

Elements of Notice And Hearing

The twin requirements of the due process of law as already stated are notice and hearing.

What is “notice” one may ask. The rule on notice and hearing assumes greater importance in any given case or controversy, whether that case or controversy is pending before any court, body, or any administrative tribunal.

Notice simply means to be informed whether verbally or in writing of any complaint or accusation. However, in our modern day, most often than not, notice is almost always needs to be in writing. (to be continue)