If a law that mandates or prohibits an act is vague, what does it violate?Group of answer choicesProcedural due processSubstantive due process
Question
If a law that mandates or prohibits an act is vague, what does it violate?
- Group of answer choices
- Procedural due process
- Substantive due process
Solution
If a law that mandates or prohibits an act is vague, it violates the principle of due process. This principle is divided into two categories: procedural due process and substantive due process.
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Procedural due process refers to the procedures that the government must follow before it deprives a person of life, liberty, or property. This includes the right to a fair trial, the right to be present at the trial, the right to an impartial jury, and so on.
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Substantive due process, on the other hand, refers to the rights that individuals have that cannot be infringed upon by the government, regardless of the procedures it uses. This includes the right to privacy, the right to marry, the right to have children, and so on.
A vague law can violate both procedural and substantive due process. It violates procedural due process because it does not provide a person with adequate notice of what is prohibited, so they cannot tailor their behavior to avoid illegal conduct. It violates substantive due process because it can infringe upon a person's fundamental rights by prohibiting or mandating behavior that is not clearly defined.
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