Administrative Due Process

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  • The premise that all individuals in the United States (including noncitizens) are entitled to (owed) a certain degree of procedure before their life, liberty, or freedom is taken from them. In other words, before an individual can be deprived of life, liberty, or freedom, certain procedures must take place. The due process clause is found in the Fifth and Fourteenth amendments of the U.S. Constitution.

    Under administrative law, government agencies as well as regulatory agencies must follow certain administrative procedures when working with private parties. These administrative procedures are written guidelines that are intended to protect the private parties from the capricious or unjust use of governmental authority. In addition, these procedures help protect the individual rights of these private entities. These stipulations require that government ...

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