NCJ Number
142670
Date Published
1986
Length
313 pages
Annotation
The subject of substantive due process has long captured the attention of constitutionalists and legal thinkers, and this volume takes a historical look at the continuing debate by reviewing origins and meanings of due process and traditional due process concepts in U.S. Supreme Court decisions.
Abstract
The first part of the book examines English origins of substantive due process, with reference to the Magna Carta and English law limitations on private monopolism. The second part covers substantive due process in the New World, the focus being on expropriation by public conversion, monopoly by public grant, and monopoly by private contract. The third part considers substantive due process in the United States as inherited from England. In discussing the residual legacy of substantive due process, the fourth and final part considers the relation between substantive due process and expropriation, public monopoly, and private monopoly. An index of cases is included.