The concept of
regarding the due process of law, represents the cornerstone
of the judicial process. It guarantees that fairness and
justice are imparted through the whole process. Due process
of law guarantees that the fundamental rights of the individuals
are protected.Due process of law represents the foundation
for democracy and the respect for the higher law of the
There is the procedural Due Process and the substantive
procedural due process is concerned with the
fairness of the judicial procedure. Everyone is equal
before the law. Its basic philosophy is that no one
even the ruler is above the law. Everyone must abide
by the fairness of a judicial procedure. The citizen
is secure against arbitrary seizure of property and
/or arbitrary detention.
substantive due process is related with the
basis substance of the law protects all individuals.
There is an equal protection for everyone
For more information
in these two aspects of due process go to Lectric
Law Library's stacks'
of the concept
(1975) asserts that in 1225 in the Magna Carta is the
first time that the phrase appears "by the law
of the land" Historically has been equated
wit the "due process of law". It seem
that this concept has sparked debated among historians.
Cronin in 1938 ventured to say that due process only
meant a fair trial for the accused persons. Robert Reeder
asserts that :due process means simply the process which
the person involved is entitled to receive. The rule
process has historical roots in the English law.Edward
the Third declared in 1354 " that no man of what
State or condition that he shall be put out of land
off Tenement, not taken, nor imprisoned, nor disinherited,
nor put to death, without being brought to answer by
due process of law".
1352 the status form the parliament sought to prohibit
the King's council from summoning parties to appear
before them other than the usual procedures contemplated
in the common law. Only the accused can be brought to
counsel to answer criminal charges by a written statement
from the Chancery. It seems the process referred to
written statement. On 1368 Due process could signified
to the method of summoning a person to appear before
the council to answer the accusation made against him.
However, the due process of law did not play a great
role as the concept by the law of the land. The concept
brought great crisis toward liberty cases.(Keith Jurow.
Untimely Thoughts: A reconsideration of the origins
of the Due Process of law. The American Journal of Legal
History Vol XIX (4) 1.(1975).
Ref. Peter Hogg."
Constitutional law of Canada" Fourth student edition.
1996. Craswell. Thompson Canada Limited.
Canadian Charter of Rights contains no reference to "
due process of law" it substitutes for the Phrase
" fundamental justice". The court interpreted
"fundamental Justice as the substantive concept"
. Main Problem: vague concept.
Canadian Charter of Rights and Freedoms