What are the two types of due process?

The two types of due process are substantive due process and procedural due process. Substantive due process refers to the constitutional protection of certain fundamental rights from government interference. This concept focuses on the essence of laws and whether they are fair, just, and reasonable, ensuring that the laws themselves do not violate individuals' rights, such as the right to privacy, the right to marry, or the right to freely make decisions about one’s personal life.

Procedural due process, on the other hand, pertains to the fairness of the processes used by government institutions when enforcing laws or policies. It ensures that individuals receive notice and an opportunity for a hearing before being deprived of life, liberty, or property. Procedural due process emphasizes the methods and procedures that are followed to ensure justice is served.

While criminal and civil differentiate the types of law, federal and state refer to the level of government jurisdiction, and direct and indirect pertain to forms of influence or impact rather than the foundational concepts of due process. Thus, the distinction between substantive and procedural due process is central to understanding how the legal system protects individual rights and aligns with constitutional guarantees.