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Substantive Due Process Doctrine in the United States Sung, Ki-yong Due process doctrine that takes deep root by being adopted in the Fifth and Fourteenth Amendments has been developed in its contents due to the decisions of U.S. Supreme Court. Due process of law in the United States means, not only procedural due process, but it is deemed to embrace substantive due process which requires the substance of a law to be reasonable and legitimate. Due process of law which is provided in our constitution is the acceptance of the guarantee of due process in the United States. But it goes without saying that due process doctrine established through the decisions of U.S. Supreme Court cannot be entirely accepted as the interpretation theory of our constitution The due process clause of the Fourteenth Amendment, through the side of substantive due process, has performed it's role which is really various and important. The absolute power of the due process clause in the United States owes much to the legal culture and tradition, and the constitutional system of the United States, providing a wide activity space for the due process clause. In our country, owing to the lack of the conditions which enable substantive due process doctrine to play it's role sufficiently, there is no room to application for substantive due process doctrine, and admitting it to be applied, the scope of application may be excessively restricted.


Substantive Due Process Doctrine in the United States Sung, Ki-yong Due process doctrine that takes deep root by being adopted in the Fifth and Fourteenth Amendments has been developed in its contents due to the decisions of U.S. Supreme Court. Due process of law in the United States means, not only procedural due process, but it is deemed to embrace substantive due process which requires the substance of a law to be reasonable and legitimate. Due process of law which is provided in our constitution is the acceptance of the guarantee of due process in the United States. But it goes without saying that due process doctrine established through the decisions of U.S. Supreme Court cannot be entirely accepted as the interpretation theory of our constitution The due process clause of the Fourteenth Amendment, through the side of substantive due process, has performed it's role which is really various and important. The absolute power of the due process clause in the United States owes much to the legal culture and tradition, and the constitutional system of the United States, providing a wide activity space for the due process clause. In our country, owing to the lack of the conditions which enable substantive due process doctrine to play it's role sufficiently, there is no room to application for substantive due process doctrine, and admitting it to be applied, the scope of application may be excessively restricted.