• Prof. Lamdan

Class 17-19: Adjudication & Procedural Due Process

Read before class on Tuesday, October 29

Supplemental Reading:

In the next three classes, we will learn about procedural due process. In other courses (like LEDP), you've considered substantive due process. This video provides an overview of 1) what due process is and 2) how procedural and substantive due process differ.

This may be the only class where we dig into the meaning and law around procedural due process, as most procedural due process issues are based in administrative law procedures. HOW EXCITING IS THAT?!

Do administrative adjudications need to be similar to court procedures?

Before we talk about how much procedural process people are due, let's familiarize ourselves with what procedural due process is. Here are some descriptions of procedural due process:

  • Both substantive and procedural due process protect citizens from unfair treatment by the government. Substantive due process relates to the content of a law, while procedural due process relates to how laws are implemented and enforced.

  • Procedural due process refers to the constitutional requirement that when the federal government acts in such a way that denies a citizen of life, liberty, or property, the person must be given notice, the opportunity to be heard, and a decision by a neutral decisionmaker. Procedural due process is one of two of the components of due process, with the other being substantive due process.

The cases that we read in the next few classes will show us when procedural due process is required, and describe how much procedure (notice, hearing) is necessary to comply with the procedural due process requirement in the U.S. Constitution.

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