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Substantive due process

Discussion in 'Ελληνικά (Greek)' started by Andrious, Oct 18, 2013.

  1. Andrious Senior Member

    Γεια χαρά!

    Ξέρει κανείς πώς είναι ο αντίστοιχος όρος (αν υπάρχει) στα ελληνικά;

    In United States constitutional law, substantive due process (SDP) is a principle which allows federal courts to protect certain fundamental rights from government interference under the authority of the due process clauses of the Fifth and Fourteenth Amendments to the Constitution, which prohibit the federal and state governments, respectively, from depriving any person of "life, liberty, or property, without due process of law."

    Ευχαριστώ εκ των προτέρων
     
  2. Andrious Senior Member

    Και ο όρος Procedural due process, αν γίνεται:

    SDP is to be distinguished from procedural due process (PDP). The distinction arises from the phrase "due process of law".[4] PDP aims to protect individuals from the coercive power of government by ensuring that adjudication processes under valid laws are fair and impartial (e.g., the right to sufficient notice, the right to an impartial arbiter, the right to give testimony and admit relevant evidence at hearings, etc.).[4] In contrast, SDP aims to protect individuals against majoritarian policy enactments which exceed the limits of governmental authority—that is, courts find the majority's enactment is not law, and cannot be enforced as such, regardless of how fair the process of enforcement actually is.
     

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