What is the the difference between Substantive Due Process and Procedural Due Process?

     Procedural Due Process is the guarantee of basic rights: life, liberty, and property. If the rights do not fall under life, liberty, or property, then they are not protected by this particular process. This process does protect students from being expelled because a person's education is considered property.

      Substantive Due Process adds onto the Procedural Due Process. Substantive Due process predictably protects Substantive Rights. These Substantive Rights are basic human rights. These include life, liberty, and property. However, Substantive Rights also include things like health, education, freedom of expression, integrity, and due process itself. Critics of Substantive Due Process argue that these rights are not explicitly protected in the constitution. Both Procedural Due Process and Substantive Due Process were addressed by the Supreme Court based on the due process clauses in the Fifth Amendment and the Fourteenth Amendment.

Procedural Due Process: What individual interests are protected? What process must government provide?. (n.d.). UMKC School of Law. Retrieved November 5, 2011, from http://law2.umkc.edu/faculty/projects/ftrials/conlaw/proceduraldueprocess.html

Substantive Due Process. (n.d.). Stanford University. Retrieved November 5, 2011, from http://www.stanford.edu/group/psylawseminar/Substantive%20Due%20Process.htm

Due Process Rights of Public School Students. (n.d.). UMKC School of Law. Retrieved November 5, 2011, from http://law2.umkc.edu/faculty/projects/ftrials/conlaw/dueprocesstudents.htm

Substantive Human Rights. (n.d.). Icelandic Human Rights Centre. Retrieved November 5, 2011, from www.humanrights.is/the-human-rightsproject/

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