Due process, constitutional guarantee of fairness in the administration of justice. The concept can be traced back to the Magna Carta and is embodied in the 5th Amendment to the U.S. Constitution: “No person shall be deprived of life, liberty or property without due process of law.” The 14th Amendment extended this limitation on the federal government to include the states. Due process has 2 aspects: Procedural due process guarantees fair trial in the courts, and substantive due process places limitations on the content of the law. It is under the latter heading that the Supreme Court has struck down many state laws restricting civil liberties as infringements of the Bill of Rights.
See also: Habeas corpus.