due process of law

due process of law
A phrase impossible of precise definition; one which asserts a fundamental principle of justice rather than a specific rule of law. 16 Am J2d Const L § 545. Law in the regular course of administration through courts of justice according to those rules and forms which have been established for the protection of private rights. Endicott-Johnson Corp. v Smith, 266 US 291, 69 L Ed 293, 45 S Ct 63. "Due process of law" implies and comprehends the administration of laws equally applicable to all under established rules which do not violate fundamental principles of private rights, and in a competent tribunal possessing jurisdiction of the cause and proceeding by hearing upon notice. State ex rel. Sweezer v Green, 360 Mo 1249, 232 SW2d 897, 24 ALR2d 340. "Due process of law" requires in each case an evaluation based on a disinterested inquiry pursued in the spirit of science, on a balanced order of facts exactly and fairly stated, on the detached consideration of conflicting claims, and on a judgment not ad hoc and episodic but duly mindful of reconciling the needs both of continuity and of change in any progressive society. Rochin v California 342 US 165, 96 L Ed 183, 72 S Ct 205, 25 ALR2d 1396. One of the most famous and perhaps the most often quoted definition of "due process of law" is that given by Daniel Webster in his argument in the Dartmouth College case (Dartmouth College v Woodward (US) 4 Wheat 518, 4 L Ed 629), wherein he declared that by due process of law is meant "the law which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial. See day in court; deprivation without due process; hearing; law of the land; life, liberty and property; life, liberty and the pursuit of happiness.

Ballentine's law dictionary. . 1998.

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  • due process of law — due process of law: due process Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. due process of law …   Law dictionary

  • due process of law — Law in its regular course of administration through courts of justice. Due process of law in each particular case means such an exercise of the powers of the government as the settled maxims of law permit and sanction, and under such safeguards… …   Black's law dictionary

  • due process of law — Law in its regular course of administration through courts of justice. Due process of law in each particular case means such an exercise of the powers of the government as the settled maxims of law permit and sanction, and under such safeguards… …   Black's law dictionary

  • due process (of law) — or due process n. the course of legal proceedings established by the legal system of a nation or state to protect individual rights and liberties * * * …   Universalium

  • due process (of law) — or due process n. the course of legal proceedings established by the legal system of a nation or state to protect individual rights and liberties …   English World dictionary

  • due process (of law) — or due process n. the course of legal proceedings established by the legal system of a nation or state to protect individual rights and liberties …   English World dictionary

  • due process (of law) — (subjection to) fair and established legal proceedings ● due …   Useful english dictionary

  • due process of law — noun (law) the administration of justice according to established rules and principles; based on the principle that a person cannot be deprived of life or liberty or property without appropriate legal procedures and safeguards (Freq. 1) • Syn:… …   Useful english dictionary

  • due process of law — the regular administration of the law, according to which no citizen may be denied his or her legal rights and all laws must conform to fundamental, accepted legal principles, as the right of the accused to confront his or her accusers. Also… …   Universalium

  • due process of law — noun due process …   Wiktionary

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