Government power over life, liberty, and property is constrained by fairness. Due process is the constitutional requirement that the state follow fair procedures and, in some contexts, respect fundamental substantive rights before depriving a person of those interests.

Procedural due process typically demands notice and an opportunity to be heard before an impartial decision-maker. The exact procedures vary with the importance of the interest and the risk of error. Substantive due process limits certain governmental actions regardless of the procedures used.

Due-process challenges appear in criminal, civil, administrative, and school settings. Courts balance individual protections against governmental efficiency. The doctrine remains a primary vehicle for testing the fairness of official action.

• Guarantee of fair legal procedures
• Includes notice and opportunity to be heard
• Also limits certain substantive governmental actions
• Applies across criminal and civil contexts