| 释义 |
due process, n.
Brit. |djuːˈprəʊsɛs|, |dʒuːˈprəʊsɛs|, U.S. |d(j)uˈprɑˌsɛs|
Forms: See due adj. and process n.
[‹ due adj. + process n., probably after Anglo-Norman due process (1354 or earlier in due process de lei).]
Law. Also more fully due process of law. The observation of the proper legal procedures in a particular context. Now: spec. the administration of justice in accordance with the established rules and principles of the land, typically in the context of protecting the rights of the individual; the principle of guaranteeing that this is observed in the courts.
In the United States the principle of due process is perceived to be guaranteed by the Fifth and Fourteenth Amendments (cf. quot. 1789, which represents a draft of the Fifth Amendment), and since the mid 20th cent. has also increasingly been used to regulate the actions of non-judicial government agencies.
1447in S. A. Moore Lett. & Papers J. Shillingford (1871) 134 It is ordeigned..that no man shuld be putte to answere before the King..without presentment before Justice or matier of record or due processe and writte originall. a1634E. Coke Second Pt. Inst. Lawes Eng. (1642) 50 Without being brought in to answere but by due Proces of the Common law. 1650Milton Eikonoklestæs 68 That choleric, and vengefull act of proclaiming him Traitor before due process of Law. 1659J. Rushworth Hist. Coll. I. 459 No Free-man shall be imprisoned without due Process of the Law. 1736H. Care Hist. of Popery II. 137 Neither are they wont to massacre Christians, or to murder them without Sentence and due Process of Law. 1789J. Madison in Congress. Reg. 8 June 428 No person shall be..deprived of life, liberty, or property without due process of law. 1819Times 21 Apr. 2 They shall be condemned as lawful prizes, if brought into any port of the United States, after due process in any court having Admiralty jurisdiction. 1898Harvard Law Rev. 12 342 He applied for a writ of habeas corpus, claiming the statute was unconstitutional, in that by preventing his engaging in a lawful business..it deprived him of his liberty without due process of law. 1942B. F. Wright Growth of Amer. Constit. Law 149 The increased importance of the civil liberties cases where state legislation was held invalid results from the Court's changed attitude toward the scope of due process in the Fourteenth Amendment. 2005Morning Star (Nexis) 9 Nov. Detention without trial or charge means the right of the police and, ultimately, the Home Secretary and the Prime Minister to ignore due process and tear up the existing rights of the citizen. |