Question

what are the provisions of constitutional issues in respect of procedural due process and substantive due process,?write in one double spaced page

Answer 1

Substantive due process:

Substantive due process is developed in America. If the government passes a law that infringes on life, liberty, or property rights, a substantive due process analysis must be performed. Substantive due process ensures that government power of law making must be compatible with constitutional spirit. Under due process of law, the Court determines the justness of substance of law. Substantive due process has been interpreted to create a right to privacy, although the Constitution does not expressly guarantee that right. Therefore every form of review other than involving procedural due process is a form of substantive due process. In a democratic country judicial review of legislations is always considered to be fundamental to legal system. Judicial review of the legislation under the specific provision or Amendment of the Constitution is not subject matter of debate because Constitution provides specific indication through specific language that certain subject matter of legislation is beyond the power of the legislator or executive. But the court’s ability to determine constitutionality of legislation under the due process of law has been subject matter of heavy debate and criticism. The court employs due process clause to control the substance of legislation that certain subject matter of legislation is beyond any proper sphere of government activity. In nutshell, it means that certain legislations are incompatible with democratic system of government and individual liberty. Thus, the court opinion is based upon the premises that any deprivation of life, liberty and property without due process of law is never granted by the Constitution.

Procedural Due process

American legal system has divided the due process into ‘Substantive due process’ and ‘Procedural due process.’ Whenever judiciary make a formal judgement on a disputed matter,  the matter related to the fairness of procedure of law is called the procedural due process. It is the guarantee of procedural due process that ensures you will have your day in court if you are arrested and that your trial will be a fair one presided over by a jury of your peers. Procedural due process protects the individual that process adopted by the state to deprive the rights of individual should be fair and non-arbitrary. For example, the procedure of law must accommodate the provision in respect of sufficient notice, impartial tribunal, opportunity to produce evidence and cross examine the adversary evidence, etc. Procedural due process is limited in scope. Procedural due process only guarantees that there is a fair decision making process by State.