Administrative Law and Politics, Research Paper Example

In law, the term ‘due process’ determines the condition or the state of procedures taken into account when it comes to recognizing the legal rights of an individual and how these elements ought to be given attention to especially in instances when particular legal actions are being taken into account. If in case a person is required to appear in court, he is to be given a notification of invitation stating what he is being called for and what specific issues are he supposed to give attention to while he is at court. Through this notice, the person is given the chance to think things over, to either confirm or appeal towards the case that he is being subjected in. In a way, due process intends to balance out the power of the law with the capacity of an individual to defend himself towards any accusations that he is being subjected in. The rule of law recognizes that every individual has the right to be protected even from the hands of the government. While every person has a right and every government has a right as well, it could be understood that such rights are balanced out in relation to the values they play in relation to protecting the condition of existence of every party involved in the system; and this balance is set out through the application of due process.

The concept covering the Procedural Due Process is that of the fact that every person has the right to liberty and property which constitutes a person’s right to life. (349) This particular definition is f0ollowed under the 14^th amendment whereas the government is required to take note of the fact that each person is in need of being recognized as an entity who has the right to his liberty and his own properties for the sake of living a good and satisfying life. The basis of this aspect of legal application falls into two specific categories. One is that the need to produce fair procedure and accurate results in investigating particular cases is to be considered as a delicate matter that is correlatively connected to the government’s respect of one’s life and right to liberty. One way of doing so would be giving the ones who are accused [no matter how strong the gravity of their cases may be] to give their side of the story and defend themselves from the accusations that are being thrown to them.

The other category is dedicated towards making sure that each individual is given the proper capacity to become more endowed on the idea of being protected. Realizing that they are protected by the law is important, as this guarantee would make it easier for them to say the truth, thus making it easier for the case to be resolved (348). This is the reason why every case is in need of being heard to be able to establish a balance of impartiality between the ones being accused and the ones accusing the other parties involved. These values of fair treatment intend to point out how the life of each person is valued whether he is the one being accused or he is the one accusing another.

On the other hand, substantive due process correlates with the principle that allows federal courts to allow government interference when cases involving public interest is being heard (347). For instance, While procedural due process intends to protect people from the process of law, the substantive due process intends to make sure that the government does not go beyond its limits when it comes to dealing with individuals who are seen to have a distinct case against the regular functions of the society.

This term is mentioned in 1930 case books referring to particular issues concerning Supreme Court opinions with regards cases involving public interests (347). For instance, a person being accused to have stolen large amounts of money from the Federal Reserve through scrupulous actions could be held responsible for his actions. Nevertheless, during the trial process, the court cannot do anything but to dig in through evidences to make sure that the elements putting the person in the stand are valid and are necessary for the case’s development. Until such time that the case is proven true and the individual being accused is pronounced guilty, only then would the government be able to make particular amendments and/or considerations in relation to noting the punishment needed to be considered for the individual/s involved in the situation.

These procedures are important to be considered especially in the establishment of the basic foundations of justice. It could be analyzed that recognizing the power of the court and the government over the condition of living and the actions of individuals intend to create a distinct source of conflict between the government and the nation’s people. However, because of the existence of the fourteenth and the fifteenth amendment as dedicated to the protection of the rights of the people when they are being put under legal trials, the nation’s people are given the chance to defend themselves (347); to make sure that every trial is fair and every process is dedicated towards making sure that every person is treated under the proper conditions of the provisions and limitations of the law. Fair trial intends to make a distinct reputation for the administration as they are being seen by the public as the epitome of justice and the source of plausible protection people need from the legal functions of the government (46).

Overall, this discussion intends to show how important it is for the government to make sure that every person or institution undergoing cases of offences against the law should receive fair treatment and respect for their rights to life (46). This will set up a more convincing pattern of treatment that provides a chance for the victims to specifically realize the real meaning of justice and the offenders to realize the real gravity of their actions. At some point, it is sad that there are instances when both the fourteenth and the fifteenth amendment are being looked over and at some point, people’s rights are neglected even by those who have established the law themselves.

References

Carterm L and Harrington, C.  Administrative Law and Politics. CQ Press.