@article{ART001254675},
author={kang seungsik},
title={A Study on Due Process of Law},
journal={Public Land Law Review},
issn={1226-251X},
year={2008},
volume={40},
pages={181-198}
TY - JOUR
AU - kang seungsik
TI - A Study on Due Process of Law
JO - Public Land Law Review
PY - 2008
VL - 40
IS - null
PB - Korean Public Land Law Association
SP - 181
EP - 198
SN - 1226-251X
AB - Due process of law in lexical meaning is the conduct of legal proceedings according to established rules and principles for the protection and enforcement of private rights, including notice and the right to a fair hearing before a tribunal with the power to decide the case. But it is extensive in its coverage in reality.
Due process of law is divisible into its substantive content and its procedural content. Substantive and procedural due process differ markedly in their application and import. Substantive due process limits the legal standards or requirements that government may establish in its law, and substantive results or objectives that government may achieve through its laws. The goal is to prevent governmental power from being used for purposes of oppression. In a criminal case context, substantive due process controls both the law criminalize particular conduct and the principles of criminal liability. Procedural due process limits the types of procedures that
government may use when applying its legal standards or requirements to particular persons. The goal is to establish appropriate procedures that promote fairness to individuals whom government agents may deprive of their life, liberty. Procedural due process is further divisible into procedural legality and procedural fairness.
Various countries recognize some form of due process under their constitution. The highest courts of some nations insist that due process of law means only procedural due process. But others admit substantive due process as well as procedural due process. In theory, I think that substantive due process is defensible, so due process clause in the constitution should be interpreted in a broad sense.
KW - 적법절차(Due Process of Law);절차적 적법절차(Procedural Due Process);실체적 적법절차(Substantive Due Process);형사절차;형사법(Criminal Procedure;Criminal Law)
DO -
UR -
ER -
kang seungsik. (2008). A Study on Due Process of Law. Public Land Law Review, 40, 181-198.
kang seungsik. 2008, "A Study on Due Process of Law", Public Land Law Review, vol.40, pp.181-198.
kang seungsik "A Study on Due Process of Law" Public Land Law Review 40 pp.181-198 (2008) : 181.
kang seungsik. A Study on Due Process of Law. 2008; 40 181-198.
kang seungsik. "A Study on Due Process of Law" Public Land Law Review 40(2008) : 181-198.
kang seungsik. A Study on Due Process of Law. Public Land Law Review, 40, 181-198.
kang seungsik. A Study on Due Process of Law. Public Land Law Review. 2008; 40 181-198.
kang seungsik. A Study on Due Process of Law. 2008; 40 181-198.
kang seungsik. "A Study on Due Process of Law" Public Land Law Review 40(2008) : 181-198.
