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What Is Due Process of Law?


A person who is charged or accuse of an offense cannot be immediately taken into custody by a law enforcement agency or officer. It is necessary that he or she be subject to the law and whatever else the law entails. This legal concept refers to due process of law. This is a generally accepted legal concept around the world, in various jurisdictions.


It is generally believed that people should be treated fairly under the law, and that it is the obligation and duty of legal systems to protect the rights of those who are subject to this system. In most legal systems, the legal concept of due process of law is explicitly explained within the fundamental law of the land, a state or nation’s constitution. However, some jurisdictions do not necessarily have an explicit statement of due process of law, but respect the legal concept nonetheless.


There are 2 main factors involved in due process of law. The first refers to procedural due process of law, which involves how the laws are carried out. It is important that laws be equally applied to all those subject to the legal system. Such laws must be reinforced in a consistent manner and inform all those who are subject to the legal system of what their rights are. The second factor involves substantive due process of law, which provides the basis for what is legal or illegal. This factor is more definitive rather than descriptive, as it provides the meaning and scope of the law.

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