Example: Substantive due process is concerned not with the procedures used to make a rule or adjudicate
Question:
Example: Substantive due process is concerned not with the procedures used to make a rule or adjudicate an individual case, but with the rights protected by a rule or en-forced through adjudication. It is possible for constitutional procedures to be used to implement a rule but for the rule itself to violate the Constitution. Substantive due process protects people from arbitrary laws. For example, assume a law provides that businesses that serve food may not schedule female employees to work after dark. Suppose also that a restaurant never-theless scheduled female employees for after-dark hours. If the violating restaurant were provided with notice of a hearing and an opportunity to present its case at that hearing, procedural due process would have been satisfied. However, the substance of the law could be questioned on both substantive due process (both liberty and prop-erty interests are implicated by restricting a person's right to move about and earn a living) and equal protection (treating people differently because of sex) grounds.
Using this example, answer the following questions..
- Discuss procedural and substantive due process by creating a hypothetical scenario similar to the example.
- Within your scenario, identify and discuss how either procedural or substantive due process has been violated.
Dynamic Business Law
ISBN: 9781260733976
6th Edition
Authors: Nancy Kubasek, M. Neil Browne, Daniel Herron, Lucien Dhooge, Linda Barkacs