The term commonly used to describe the principle that a person's existing rights are protected from some new law or regulation is Due Process.
Due Process is a fundamental legal principle that ensures fair treatment through the judicial system or, more broadly, through any government action. It acts as a safeguard against arbitrary governmental action, protecting individual rights and liberties from being infringed upon by new statutes or regulations. This principle is crucial for maintaining a stable and just legal environment, ensuring that the government respects all legal rights that are owed to a person.
Understanding Due Process
At its core, due process embodies the idea that the government must act fairly and follow established procedures before depriving an individual of life, liberty, or property. It ensures that laws are applied equally and that individuals have the opportunity to challenge governmental actions that might affect their rights.
In its modern form, due process includes both procedural standards that courts must uphold in order to protect peoples' personal liberty and a range of liberty interests that statutes and regulations must not infringe. This means that not only must the government follow fair procedures (procedural due process), but the laws themselves must also be fair and not infringe upon fundamental rights (substantive due process).
Key Aspects of Due Process
Due process encompasses two main types, both essential for protecting existing rights:
| Type of Due Process | Description | Example Application |
|---|---|---|
| Procedural Due Process | Ensures that government actions affecting individual rights are conducted fairly, with proper notice and an opportunity to be heard. It dictates how the government can act. | Before a government agency revokes a professional license, the individual must be given notice of the reasons and a chance to present their case. |
| Substantive Due Process | Protects certain fundamental rights from government interference, regardless of the procedures used. It dictates what the government can or cannot do. | A new law cannot arbitrarily ban free speech or the right to privacy, even if it follows proper legislative procedures, because these are considered fundamental liberty interests. |
How Due Process Protects Existing Rights
Due process acts as a bulwark against new laws or regulations that might otherwise erode established liberties:
- Fair Procedures: When a new law or regulation is implemented, due process ensures that individuals affected by it are given proper notice and an opportunity to be heard. This prevents rights from being stripped away without an individual's knowledge or chance to defend themselves. For instance, if a zoning law changes, affected property owners usually receive notice and can participate in public hearings.
- Protection of Liberty Interests: Beyond mere procedure, due process dictates that laws themselves cannot infringe upon fundamental liberty interests unless there is a compelling government interest and the law is narrowly tailored. This prevents new legislation from arbitrarily overriding rights that are considered essential, such as freedom of speech, privacy, or the right to own property.
- Checks and Balances: The principle empowers courts to review governmental actions and legislation. If a new law is found to violate due process—either procedurally or substantively—it can be struck down, thereby safeguarding existing rights. This judicial oversight is critical in ensuring that legislative and executive powers do not become absolute.
For more detailed information on this foundational concept, explore resources like the Cornell Law School Legal Information Institute.
