Procedural due process further entails the observance of individual rights in the passage of laws and regulations. Procedural due process stands for the principle that the government may not act in a manner that is arbitrary, capricious, or unreasonable when subjecting an individual to the laws of the state. This tends to protect a minority population from the unfair consequences of laws passed by the majority. More specifically, it introduces a standard that laws that touch upon the fundamental rights of individuals may be outside of the authority of the government to regulate. Substantive due process allows the court to safeguard the rights of individuals against infringement by the government. ![]() Next Article: 14th Amendment - Due Process Clause Back to: CONSTITUTIONAL LAW What is Substantive Due Process? The concept of due process is broken down into substantive due process and procedural due process.
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