Due Process

http://en.wikipedia.org/wiki/Due_process

Due process is the legal requirement that the state must respect all of the legal rights that are owed to a person.

Typically, “Due process” means

1) Right to Notice, generally written, but some courts have determined, in rare circumstances, other types of notice suffice. Notice should provide sufficient detail to fully inform the individual of the decision or activity that will have an effect on his/her rights or property or person.

2) Right to Grieve (that being the right to complain or to disagree with the governmental actor/entity that has decision making authority) and

3) Right to Appeal if not satisfied with the outcome of the grievance procedure.

  • Notice
  • Grievance
  • Appeal

Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due-process violation, which offends against the rule of law.

Due process has also been frequently interpreted as limiting laws and legal processes (see substantive due process), so that judges—instead of legislators—may define and guarantee fundamental fairness, justice, and liberty. This interpretation has proven controversial, and is analogous to the concepts of natural justice, and procedural justice used in various other jurisdictions. This interpretation of due process is sometimes expressed as a command that the government must not be unfair to the people or abuse them physically.

Please read the entire article. Here are my interpretations and consequential links:

1) Right to Notice:

Tell me what you want. In writing. I flunked Mind Reading 101.

And tell me in sufficient detail to allow me to comply. C.f., Sing It As Written.

2) Right to grieve.

Don’t you tell me to shut up. This is my fundamental right: to scream, shout, and lie on the floor and kick my heels if I think you are trying to hurt me.

I’ll start off nicely: “Excuse me…” But if you won’t listen then I’ll go ugly really soon.  So, knock it off.

3) Right to appeal.

Right to be a tattletale. Again, I’ll start out nicely. But if I can’t talk reasonably with you about the matter then I’m not going to argue about it.

Especially if you are bigger:

I’ll just tell your parents, or better, tell the teacher.

So just knock it off.

~~~~~~~~~~

Funny how these are things we thought we deserved in the First Grade:

“You’re not being fair!”, when our teacher was saying, “Now, now, now, Andy, please play nice.”

That’s because these are fundamental human rights.

These rights are detailed carefully and succinctly in the Constitution of the United States.

The Constitution is quite a Hearty Constitution.

Political Correctness (and my First Grade teacher) tries to make us ignore these fundamental rights.

will not ignore them.

Leave a Reply