The Development And Enlightenment Of Substantive Due Process Of Law

In studying the jurisprudence of the United States Constitution,attention is paid to a unique concept with a sense of contradiction: "Substantive due process of law",that is,substantive due process.It occupies a special important position in American law,and its research heat has not diminished from the beginning of the founding of the United States to this day,and the substantive due process has thus become one of the most controversial issues in American law.In the study,it is found that the theory of due process of law is not only the procedural side,the substantive due process is always present in the process of the development of due process of law,with the development of the times gradually becoming more and more prominent connotation,it is actually another manifestation of natural justice in contemporary times.Substantive due process of law is a common law concept,in the application of the need to be interpreted and applied by the courts,which is the space it can apply flexibly.Due process of law includes two meanings,one is procedural due process of law,it focuses on the process of law making,implementation,the other is substantive due process of law,it focuses on the purpose and content of legal development is legitimate.Although there is controversy about the legal circle of substantive meaning,it is still used in practice.Substantive due process of law is the product of the profound background of the times.Based on the upper method,the first chapter analyzes the origin and connotation of due process of law.It states how English comes into being due process of law.After introduced America,how it develops to contain substantive due process.The second chapter analyzes the connotation and development of substantive due process of law.The third chapter enumerates the analysis and interpretation of the cases in the field of human rights protection used in today's substantive and legitimate law,and strives to show the application of substantive due process of law.The last chapter discusses its enlightenment.