The Research On Due Process Of Law

Due process of law is a core principle of the American Constitution.It is also a significant constitutional statute to protect citizens' fundamental rights and freedom which is the most important goal of due process of law.As the embodiment of ideology of the balance of rights,Due process of law is used to restrict and control the Commonwealth and States power.It also has a significant influence on the United States development.It can be traced back to the Magna Carta,the early connotation of due process of law was procedural justice.With the development of British Colonialism,Due process of law was introduced into the United States.After 400 years of history,Due Process of law developed from procedural due process to substantive due process.This paper takes the Due Process Clause of the Constitutional Amendment as the main research object.By sorting out and analyzing the application cases of the Federal Supreme Court,explain the development of the due process of law in the different period and find out the development pattern of it.The text consists of three parts.Part I: Discussing the early due process of law.Firstly,introducing the origin of due process of law in Britain.Then,talking about the due process of law in the colonial period and the historical background fifth Amendment.Finally,analyzing the application and the character of due process of law in the period.Part II: Discussing the development of due process of law after the Civil War.Firstly,introducing the background of the Fourteenth Amendment and the content of the amendment.Secondly,talking about the Amendment first vital application and the influence.At last,analyzing and summarizing the application,mainly discussing the due process of law in the economic area.Part III: Discussing the development of due process after the World War II.Firstly,introducing the development of the incorporation theory.Secondly,according to the different applicable objects,analyzing the development of Due Process in criminal justice system and substantive rights protection.Finally,discussing the development and application of the different Due Process.