due process

noun

1
: a course of formal proceedings (such as legal proceedings) carried out regularly and in accordance with established rules and principles

called also procedural due process

2
: a judicial requirement that enacted laws may not contain provisions that result in the unfair, arbitrary, or unreasonable treatment of an individual

called also substantive due process

Examples of due process in a Sentence

Due process requires that evidence not be admitted when it is obtained through illegal methods.
Recent Examples on the Web
Examples are automatically compiled from online sources to show current usage. Read More Opinions expressed in the examples do not represent those of Merriam-Webster or its editors. Send us feedback.
The men named in her lawsuit are entitled to due process, and Jane Doe is entitled to a full and fair investigation. — Ilana Turko, New York Daily News, 4 Oct. 2026 Many commenters are concerned about the lack of due process and the financial interests tied to private prisons. — Julian Mark, Washington Post, 1 Oct. 2026 At the same time, some critics worried that the Obama-era guidance had gone too far, tasking college bureaucrats with investigating criminal allegations and diluting due process. — Lauren Mascarenhas, CNN Money, 30 Sep. 2026 During the hearing, Kelly questioned whether the administration had met its legal responsibilities and provided CNN, MS NOW and Politico with adequate due process before banning them. — Los Angeles Times, 24 Sep. 2026 See All Example Sentences for due process

Word History

First Known Use

15th century, in the meaning defined at sense 1

Time Traveler
The first known use of due process was in the 15th century

Browse Nearby Words

Cite this Entry

“Due process.” Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/due%20process. Accessed 9 Oct. 2026.

Legal Definition

due process

noun
1
: a course of formal proceedings (as judicial proceedings) carried out regularly, fairly, and in accordance with established rules and principles

called also procedural due process

2
: a requirement that laws and regulations must be related to a legitimate government interest (as crime prevention) and may not contain provisions that result in the unfair or arbitrary treatment of an individual

called also substantive due process

Note: The guarantee of due process is found in the Fifth Amendment to the Constitution, which states “no person shall…be deprived of life, liberty, or property, without due process of law,” and in the Fourteenth Amendment, which states “nor shall any state deprive any person of life, liberty, or property without due process of law.” The boundaries of due process are not fixed and are the subject of endless judicial interpretation and decision-making. Fundamental to procedural due process is adequate notice prior to the government's deprivation of one's life, liberty, or property, and an opportunity to be heard and defend one's rights to life, liberty, or property. Substantive due process is a limit on the government's power to enact laws or regulations that affect one's life, liberty, or property rights. It is a safeguard from governmental action that is not related to any legitimate government interest or that is unfair, irrational, or arbitrary in its furtherance of a government interest. The requirement of due process applies to agency actions.

3
: the right to due process
acts that violated due process

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