Due Process

Question 1

Procedural Due Process Factors

Answer 1

1. Importance of individual’s interest involved
2. Value of specific procedural safeguards of the individual’s interest, and
3. Government’s interest in fiscal and administrative efficiency.

Normally person whose interest is being deprived should receive motive if governments action and have opportunity to respond before termination of interest.

Question 2

Right to redress

Answer 2

Right to redress guaranteed by the state through statutory enactment, is itself a property right.

While legislatures may elect not to confer property interest, once conferred it may not authorize the deprivation of such interest without procedural safeguards