The concept of substantive due process
has strong historical roots
Applying strict scrutiny, the court found no violation of substantive due process
, finding the state's interest in protecting incompetent defendants from indefinitely pending charges and protecting the public from potentially dangerous offenders are compelling state interests.
But the modern era of substantive due process
moved in fits and starts.
Substantive due process
was a phrase seldom used in constitutional law until at least the 1960s, and its prominence rose dramatically in the 1980s when legal conservatives (and some liberals) began to lampoon it as a textual anomaly.
undocumented arrestees violated substantive due process
as a matter of
The misapplication of the law of the case doctrine violates a litigant's fundamental appellate procedural and substantive due process
Economic substantive due process
was, in large part, the driving
The need for further development of the substantive due process
test is also evident when one considers how a court would instruct a jury concerning a pretrial detainee's claim.
regarding a substantive due process
right to record.
Tradition in Substantive Due Process
Jurisprudence: Two Opposing Views A.
First, Sandefur mounts a bold defense of substantive due process
After a brief overview of American constitutionalism, chapters cover judicial review, national powers and federalism, state power in American federalism, executive and congressional relations and the separation of powers, limitations on governmental power, forms of substantive due process
, the meaning of equal protection, freedom of expression and religion, state action, and limitations of judicial review.
2) I will begin with an abstract discussion of the advantages of competitive federalism and then illustrate these advantages in a concrete case, suggesting that competitive federalism provides a better alternative than the judicial doctrine of substantive due process
for creating freedoms connected to sexual autonomy.
I hope this letter helps to elucidate how appellate treatment of this crisis has truly enforced what defense counsel have been saying for years, that the trial courts in Florida, until most recently, have not been protecting the interests of homeowners, but rather the interests of the banks, and have done so through systemic violations of procedural due process, substantive due process
, and other constitutional protections that go to the heart of the judicial oath of office and to protecting the integrity and respect of the judicial system.
When modern lawyers or judges mention Lochner, liberty of contract, and substantive due process
in the same conversation, they are most likely accusing some tribunal of judicial activism.