Substantive Due Process Flashcards

1
Q

What are the requisites of substantive due process?

(Recall that substantive due process serves as a restriction on the government’s law- and rule-making powers.)

A

The requisites for the substantive due process are:

(1) The interests of the public, in general, as distinguished from those of a particular class, require the intervention of the State.

(2) The means employed are reasonably necessary for the accomplishment of the purpose, and not unduly oppressive on individuals.

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