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.