On The Constitution Of The United States Due Process Of Law

Due process is an important principle of constitutional government and rule by law in common law. The essence of due process is the examine to the governmental power and action. The American due process system is the important measure of interfering the government power and action by judicial power of court, it's purpose is to guarantee the individual rights. It is an important judicial review. The aim of this dissertation is to introduce and research the due process of law in American constitutional law systematically. The research of this dissertation begins with the basic of the jurisprudence and the history of origin and development of due process. Then anylases the essential issues of due process of law in American constitutional law, such as the subject of limit, the object of guarantee and the scope of guarantee, from deferent angle and aspect. The dissertation emphatically researches the procedural due process and the substantive due process. The dissertation also introduces and analyses the interpretation of constitutional of due process in particular.This dissertation includes five parts.The first parts is the ideological origins and value of due process. This part analyses the idea of the nature law build the ideological basic of due process, and inqures into the value of due process in oder to lay a good theoretical foundation for further research.The second part is due process in Common Law. This part emphatically analyses the essential elements of ider and system of evolving of due process. And introduces the origin and development of due process in England.The third part is the development of due process in U.S. This part introduces the adoption of the due process of American constitutional law. Then analyses the subject of limit, the object of guarantee and the scope of guarantee of due process.The fourth part is the method of guarantee of due proces. This part includes two methods of guarantee: the procedural due process and the substantive due process. The part of the procedural due process analyses the essential requires the standards of the examine of the due process, then introduce the influence to the administrative procedure and the judicial fields. The part of the substantive due process introduces the theory disputing about the substantive quality. Then analyses the standards of examine and application in the economical and noneconomical fields.The fifth part is the interpretation of constitutional law of due process. This part illustrates the general theory of the interpretation of constitutional law briefly. Then introduces the theories of the interpretation of constitutional law and the history of the interpretation of due process in America. At last, this part analyses the elements and approaches of interpretation of due process.