due process legal definition

A Constitutionally determined doctrine requiring that any legal proceeding or legislation protect or respect certain rights of the persons or groups involved in the proceedings or affected by the legislation. See also fundamental fairness.

The requirement that a legal proceeding affords an affected person, such as the defendant in a criminal case, certain rights such as that of notice of the charges or claims, and an opportunity to contest them before a neutral tribunal. These rights are defined by the Fifth and Fourteenth Amendments to the United States Constitution and by court cases thereunder.

The Constitutional requirement that federal, state, and local legislation should not interfere with the rights defined by the Fifth and Fourteenth Amendments, unless such legislation serves a compelling governmental interest in the subject matter, and utilizes the least restrictive means to accomplish that interest.