Glossary entry

English term or phrase:

substantive due process

Croatian translation:

rasprava na temelju osnovnih ustavnih prva o sudskom postupku

Added to glossary by Zvonchica
Sep 17, 2007 22:22
16 yrs ago
3 viewers *
English term

substantive due process review

English to Croatian Other Law (general)
Lambert chose to analyze a broad class of judicial decisions: those that had blocked whole categories of economic legislation (case law that Americans classify as "substantive due process" review).

Proposed translations

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8 mins
Selected

rasprava na osnovu osnivnih ustavnih prva o sudskom postupku

"Substantive Due Process" is the fundamental constitutional legal theory upon which the Griswold/Roe/Casey privacy right is based. The doctrine of Substantive Due Process holds that the Due Process Clause not only requires "due process," that is, basic procedural rights, but that it also protects basic substantive rights. "Substantive" rights are those general rights that reserve to the individual the power to possess or to do certain things, despite the government’s desire to the contrary. These are rights like freedom of speech and religion. "Procedural" rights are special rights that, instead, dictate how the government can lawfully go about taking away a person’s freedom or property or life, when the law otherwise gives them the power to do so.
Peer comment(s):

agree Franka72 : osnovnih prava
8 hrs
agree Larisa Djuvelek-Ruggiero (X)
22 hrs
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3 KudoZ points awarded for this answer. Comment: "Zahvaljujem!"
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