Due_Process_Requirements_QA Question 1: What is the key distinction between procedural and substantive due process? Answer: Procedural due process focuses on ensuring fair methods and procedures before depriving individuals of life, liberty, or property, whereas substantive due process protects fundamental rights from arbitrary government interference regardless of the process used. Question 2: How does the concept of fairness influence procedural due process? Answer: Fairness requires notice, a meaningful opportunity to be heard, and an impartial decisionmaker, ensuring that individuals can adequately defend themselves before any governmental deprivation of rights occurs. Question 3: Why is substantive due process considered more controversial than procedural due process? Answer: Substantive due process involves judicial interpretation of unenumerated rights (like privacy or bodily autonomy), often leading courts to override democratic legislative choices based on abstract notions of fairness or justice. Question 4: How do courts determine whether a governmental action violates substantive due process? Answer: Courts assess whether the action infringes on a fundamental right and, if so, apply strict scrutiny to evaluate whether the government has a compelling interest and whether the action is narrowly tailored to achieve that interest. Question 5: In what ways does due process interact with administrative law? Answer: Administrative law incorporates due process by requiring agencies to provide notice, hearings, and reasons for decisions when affecting individual rights, thereby preventing arbitrary administrative actions. Question 6: How does the concept of "property" under due process evolve in administrative contexts? Answer: Modern administrative law recognizes "property interests" not just as physical possessions but also as entitlements such as licenses, benefits, and public employment, all requiring due process protections before deprivation. Question 7: What role does judicial review play in ensuring compliance with due process in administrative actions? Answer: Judicial review acts as a check on administrative agencies, ensuring that their actions comply with both procedural and substantive due process requirements and correcting abuses or arbitrary exercises of power.