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Essay / Research Paper Abstract
This 3 page research paper discusses procedural and substantive due process, defining these terms and discussing their differences. Bibliography lists 4 sources.
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3 pages (~225 words per page)
File: KL9_khdueproc.doc
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refers to whether or not the steps followed in pursuing disciplinary or punitive action are fair and substantive due process refers to the issues involved in a particular situation (Ryan
and Stone, 2011). Procedural due process ensures that constitutional rights are not violated. For example, it necessitates that involved parties receive "fair notice of severity" (Lens, 2012, p. 30). Procedural
due process is imposed on the processes of government when whenever federal or state actions or policies affect the life, liberty or property of citizens (Emanuel, 2008). Substantive due process
largely involves interpretation of the term "liberty" as it is used in the Constitution, particularly in regards to when the states have imposed restrictions that can significantly interfere with individual
liberty (Emanuel, 2008, p. 69). This writer/tutor understands these terms in the following manner. Substantive due process refers to the issues involved, that is, the rights of respective parties under
the Constitution, while procedural due process refers to the actual judicial processes that are designed to safe guard these rights. Two Similarities The principal similarity between procedural and substantive
due process is the fact that both of these factors of due process are derived from the US Constitution, specifically, the Fifth and Fourteenth Amendments (Ryan and Cooper, 2010). In
the case of Board of Regents v. Roth, The US Supreme Court ruled that denying "a teacher his or her employment may implicate both liberty and property interests under the
Due Process Clause" (Alexander and Alexander, 2012, p. 866). As this indicates, both procedural due process and substantive due process address Constitutional issues, which includes the preservation of the life,
liberty and property of citizens. Two Differences The primary difference between procedural and substantive due process is the different nature of their orientations. Procedural due process focuses on the
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