What does Procedural Due Process require from the government?

Procedural Due Process mandates that the government must follow specific procedures before it can deprive an individual of life, liberty, or property. This principle is rooted in the idea that fairness and justice are essential when the government exerts its authority over individuals, particularly in legal matters. Ensuring that individuals receive notice of charges against them, an opportunity to contest those charges, and a fair hearing are key components of this process.

The focus of Procedural Due Process is on the methods used to enforce laws and the protections afforded during legal proceedings, rather than on the equality of laws or treatment of citizens. For instance, it guarantees the right to a fair trial and protects individuals against arbitrary actions by the state, ensuring that no one is deprived of their rights without a legitimate and fair process in place.