Substantive due process refers to a legal concept that revolves around the principle of fairness and aims to limit the power of the government. It ensures that laws and regulations do not infringe upon individual rights and liberties. Understanding the meaning of substantive due process requires considering its key components:
1. Fairness and limiting government power: Substantive due process seeks to ensure that the government does not exercise its power in an arbitrary or unjust manner. It ensures a fair balance between the government's authority and the protection of individual rights.
2. Taking of property and compensation: In certain situations, the government may need to acquire private property for public use through a process known as eminent domain. Substantive due process requires that if the government takes someone's property, the affected individual must receive fair compensation for the loss.
3. Protection against discrimination: While the concept of substantive due process does not directly address discrimination, it can be applied to protect groups or individuals who have historically faced discrimination. Courts may establish a group as being entitled to heightened scrutiny under substantive due process, granting them additional protection against discriminatory laws.
4. Procedural process: It is important not to confuse substantive due process with procedural due process. While substantive due process focuses on examining the substance or content of laws and regulations, procedural due process centers on ensuring fair procedures are followed during legal proceedings.
To analyze the meaning of substantive due process, one must look at its core principles: fairness and limiting government power, compensation when property is taken, protection against discrimination, and distinguishing it from procedural due process. Understanding these components will provide a comprehensive understanding of the concept and its implications.