Term Paper on "Administrative Agencies and Delegation"

Term Paper 5 pages (1428 words) Sources: 3

[EXCERPT] . . . .

It seeks to ensure that officials facilitating the cases, such as the courts do not violate the rights of the parties involved in the court case. In the Fourteenth Amendment, the constitution protects individuals from any state action that would deny any person equal treatment as the law dictates. This implies that similarly located property is subject to equal treatment under the law. Therefore, cases that fall under this category are those involving claims that there is a partial implementation of the law (Pierce, 2010). Partial implementation of the law draws into the amendment for the clause facilitating equal treatment of all persons under the law by the government. Discriminatory actions against a party constitute a case that falls under the equal protection clause of the Fourteenth Amendment.

Differences between substantive due process and equal protection

Substantive due process is the analysis that applies when a state law affects the fundamental rights. It differs from the equal protection analysis in that, under substantive due process, the law does not create classifications among the people (Kanovitz, 2010). The equal protection classifies people based on various features, such as color, disability, social status among others. The law in substantive due process affects all people unlike in equal protection, which affects only a group. Under substantive process, the application requires strict scrutiny to establish if the law overrides certain fundamental rights of people. The government has the burden of proof to show that the law is necessary. Additionally, the substantive due process also incorporates the fundamental rights of the individual, to assess if the state law regulates these rights.

However, under the equal protection, there is no requirement for scrutiny as is the case in substantive due treatment, since, the law already declares the expectation for fair and equal treatment (Pierce, 2010). Thus, the fundamental rights are in the equal protection clause. Under the equal protection clause, the Fourteenth Amendment applies to the state law. It comes into effect when people situated in a similar situation receive partial treatment. This is it applies when the law only affects the rights of some people with respect to an activity while leaving others. Therefore, the fundamental aspect of equal protection applies partially, whereas the substantive due process applies to all people.

Differences between procedural due process and substantive due process

The due process splits into two, procedural and substantive. The distinction between these two processes comes in the application. In essence, the procedural due process ensures that there is fairness in all legal and administrative proceedings. The substantive due process, on the other side, requires that the government give an individual due process before taking their fundamental rights. The substantive section holds the legal theory of protecting the privacy rights of an individual. In procedural due process, there is a guarantee of the basic rights of life that include the right to life, liberty, and property (Kanovitz, 2010). On the other side, the substantive due process incorporates the basic rights, in addition to substantive rights, such as integrity, freedom of expression, due process itself and education.

The procedural due process ensures fairness in the interactions between government activities and the rights of individuals. It protects the rights of the people while placing restrictions and requirements for the government actions. The substantive due process protects the substantive factors of individual rights, by facilitating due process itself. It ensures that government officials follow due process before taking way the liberties of the person. It requires the court to determine is the law will affect the fundamental rights of the person. Laws that take the substantive right of a person ought to have a compelling government interest. Lastly, procedural due process applies to civil cases while substantive due process applies to criminal cases.

Conclusion

The constitution is a dynamic document and its action and implementation are equally vast. It entails understanding of the provisions in the constitution and applying them accordingly, while considering different provisions in the same constitution. Therefore, due process facilitates the procedures of implementing the constitution in relation to fundamental rights of people.

References

Kanovitz, J.R. (2010). Constitutional Law. Burlington: Elsevier Science.

Pierce, R.J. (2010). Administrative law treatise. Austin [Tex.: Wolters Kluwer Law & Business.

Vile, J.R. (2006). A companion to the… READ MORE

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