Substantive Due Process is a constitutional principle that protects certain fundamental rights from government interference, even if procedural protections are present. It ensures that laws infringing on these rights must meet a high standard of justification, often requiring a compelling state interest and narrowly tailored means.

Substantive Due Process

constitutional principle

Fundamental rights are the basic human rights and freedoms that are guaranteed to individuals, typically enshrined in a constitution or fundamental legal framework, to protect against governmental abuse. They are considered essential for the dignity, liberty, and equality of individuals and are often legally enforceable in courts of law.

fundamental rights

government interference

procedural protections

Laws infringing on rights

high standard of justification

Compelling State Interest is a legal concept used by courts to determine whether the government can justify a law that infringes upon constitutional rights, particularly under strict scrutiny review. It requires the government to demonstrate that the law serves a purpose of great importance and is narrowly tailored to achieve that interest without unnecessary infringement on individual rights.

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