What is substantive due process

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Assignment:

Can you please comment on what I did well and what I could have done differently in the following response I wrote? Here is the question I had to respond to:

What is substantive due process? What purpose does substantive due process serve to an individual involved in the judicial system? Why does the judicial system provide for substantive due process?

And here is my response: Substantive due process often entails the law themselves, "be fair- not just how laws are enforced"(Harr et.al., 2017). With this, laws that do not just limit a person's freedom or property rights will be found to violate the right to due process"(Harr et. al., 2017). With this, substantive due process is based on the premise that the "constitution protects the public from unwarranted government intrusion infringing upon their fundamental rights"(Maryland Criminal Lawyer, 2023). Substantive due process has been implemented and interpreted to promote right to privacy (Maryland Criminal Lawyer, 2024).

In the year of 1905 the Supreme Court had declared a law in the state of New York in "regulating baker's working hours was a violation of substantive due possess" due to the bakers hours of work were in violation of "substantive due process because the bakers were deprived of their right" to their time of work on their own terms (Maryland Criminal Lawyer, 2024). The government may pass laws affecting a person's fundamental rights only if the law is "fair, is reasonable, and is in furtherance of a legitimate government interest"(Maryland Criminal Lawyer, 2024).

Reference no: EM133671840

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