what is the difference between substantive due process and procedural due process?

Question

i dont understand..thank u!

Answer 1

Substantive due process protects your rights. Procedural due process is the method used to protect your rights. Procedural due process are the safequards mandated by 14th Amendment to the U.S Constitution. Procedural due process includes the right to counsel, the right to confront witness against you--essentially the right to be heard. Substantive due process can be broadly defined as the Constitutional guarantee that no person shall be artibrarily deprived of life, liberty or property without [procedural] due process of law. Substantive due process are your real Constitutional rights. Procedural due process is how those rights are protected by the law. The essence of substantive due process is protection from arbitrary and unreasonable actions by the government. This is a confusing area of the law. The line between substantive and procedural due process can be very "gray".

Answer 2

They cover two different areas of constitutional law. Procedural due process (PDP) guarantees that sufficiently reasonable and consistent procedures (methods) will be used when infringing on a right or imposing a penalty. The basic requirements of PDP are notice and opportunity to be heard, with the specific requirements as to when and how depending upon the nature of the penalty/infringement and the redressability after the fact. Substantive due process ensures the procedures will not be used in a manner which infringes on upon fundamental rights, namely those rights which are "rooted in tradition and history, and implicit in an ordered liberty". Fundamental rights include those explicitly granted, such as 1st Amendment rights, and those addition rights recognized by the Courts. Some examples of rights recognized by the court include the right to vote, the right to travel, the right to bodily integrity (choice in medical procedures), reproductive rights (including the right to use contraception), and most parental rights to raise a child. When dealing with substantive rights, simple procedural safeguards are not sufficient (though they must be followed as well). The court also strictly limits how fundamental rights can be infringed, requiring a compelling government interest and only through the least restrictive means narrowly tailored to achieve that goal. So, substantive due process is more concerned which WHAT rights are being infringed, since it is limited to protection of fundamental rights, than how certain rights are being infringed. In contrast, procedural due process applies to ANY rights or benefits gained from the government, no matter how minor, though the lesser rights do warrant lesser protection.

Answer 3

substantive: real and tangible justice is served.
procedural: went through the motions. it LOOKS like justice was served, but it may have been subverted.