Discuss the conception of procedural due process

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Reference no: EM133286354

Assignment:

In Mathews v. Eldridge, 424 U.S. 319, 334 (1976) Supreme Court called it a "truism" that "`due process,' unlike some legal rules, is not a technical conception with a fixed content unrelated to time, place, and circumstances" rather, it "is flexible and calls for such procedural protections as the particular situation demands."

Discuss whether this conception of procedural due process could be exploited to point where it means nothing at all. Where the procedure of due process becomes a mere formality leading to an expected outcome.

Can you think of any force that would prevent such a cynical view of procedural due process to take root?

Can you think of any "particular situations" where this might already be the case?

Reference no: EM133286354

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