due processn.

Brit.

/djuː ˈprəʊsɛs/,

/dʒuː ˈprəʊsɛs/, U.S.

/ˌd(j)u ˈprɑˌsɛs/

Forms: see due adj. and process n.

Origin: Formed within English, by compounding; probably modelled on a French lexical item. Etymons: due adj., process n.

Etymology: < due adj. + process n., probably after Anglo-Norman due proces, due process (1354 in due process de lei, or earlier).

Law.

Also more fully due process of (the) 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 considered 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.

ΚΠ

1439–40 Rolls of Parl.: Henry VI (Electronic ed.) Parl. Nov. 1439 §30. m. 9 Upon that defaute, the same justices have fulle power..to yeve jugement..by dewe processe atte common lawe.

1447 in S. A. Moore Lett. & Papers J. Shillingford (1871) 134 (MED) 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.

1527 Statutes Prohemium Iohannis Rastell (new ed.) f. lviii^v Yf such a warden be attaint by dew proces that he hath lett vt supra the pleyntyffis shall haue theyr recouery agayns the gardeyn by a wryt of det.

1550 W. Lynne tr. J. Funke Actes & Hist. Worlde 1532–50 in tr. J. Carion Thre Bks. Cronicles f. ccx This yere the .viij. day of Ianuary. died in Englande the lady Katherine Dowager which had ben diuorsed from the kyng, by due proces of the lawe two yeres before.

a1634 E. Coke 2nd Pt. Inst. Lawes Eng. (1642) 50 Without being brought in to answere but by due Proces of the Common law.

1650 J. Milton Eikonoklestæs 68 That choleric, and vengefull act of proclaiming him Traitor before due process of Law.

1659 J. Rushworth Hist. Coll. 459 No Free-man shall be imprisoned without due Process of the Law.

1736 H. Care Hist. of Popery II. 137 Neither are they wont to massacre Christians, or to murder them without Sentence and due Process of Law.

1789 J. Madison in Congress. Reg. 1 428 No person shall be..deprived of life, liberty, or property without due process of law.

1819 Times 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.

1898 Harvard 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.

1942 B. 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.

2005 Morning 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.

This entry has been updated (OED Third Edition, June 2016; most recently modified version published online March 2022).

单词	due process
释义	due processn. Brit. /djuː ˈprəʊsɛs/, /dʒuː ˈprəʊsɛs/, U.S. /ˌd(j)u ˈprɑˌsɛs/ Forms: see due adj. and process n. Origin: Formed within English, by compounding; probably modelled on a French lexical item. Etymons: due adj., process n. Etymology: < due adj. + process n., probably after Anglo-Norman due proces, due process (1354 in due process de lei, or earlier). Law. Also more fully due process of (the) 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 considered 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. ΚΠ 1439–40 Rolls of Parl.: Henry VI (Electronic ed.) Parl. Nov. 1439 §30. m. 9 Upon that defaute, the same justices have fulle power..to yeve jugement..by dewe processe atte common lawe. 1447 in S. A. Moore Lett. & Papers J. Shillingford (1871) 134 (MED) 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. 1527 Statutes Prohemium Iohannis Rastell (new ed.) f. lviii^v Yf such a warden be attaint by dew proces that he hath lett vt supra the pleyntyffis shall haue theyr recouery agayns the gardeyn by a wryt of det. 1550 W. Lynne tr. J. Funke Actes & Hist. Worlde 1532–50 in tr. J. Carion Thre Bks. Cronicles f. ccx This yere the .viij. day of Ianuary. died in Englande the lady Katherine Dowager which had ben diuorsed from the kyng, by due proces of the lawe two yeres before. a1634 E. Coke 2nd Pt. Inst. Lawes Eng. (1642) 50 Without being brought in to answere but by due Proces of the Common law. 1650 J. Milton Eikonoklestæs 68 That choleric, and vengefull act of proclaiming him Traitor before due process of Law. 1659 J. Rushworth Hist. Coll. 459 No Free-man shall be imprisoned without due Process of the Law. 1736 H. Care Hist. of Popery II. 137 Neither are they wont to massacre Christians, or to murder them without Sentence and due Process of Law. 1789 J. Madison in Congress. Reg. 1 428 No person shall be..deprived of life, liberty, or property without due process of law. 1819 Times 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. 1898 Harvard 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. 1942 B. 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. 2005 Morning 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. This entry has been updated (OED Third Edition, June 2016; most recently modified version published online March 2022). < n.1439
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