Q: isn't part of due process the creation of the law as 1st it has to be made that's the process
A:
In Missouri, as in all of the United States, due process refers to the legal principle that the government must respect all of a person's legal rights, rather than just some or most of those legal rights. While the creation of laws is part of the broader legislative process, due process specifically pertains to the enforcement and application of these laws. It ensures that individuals have fair treatment through the normal judicial system, especially as a citizen’s entitlement. This includes the right to be heard, the right to a fair trial, the right to be informed of charges against one, and the right to an appeal.
Due process is often divided into two categories: substantive due process, which refers to the rights themselves, and procedural due process, which refers to the procedures that must be followed to enforce those rights. The actual creation of laws, while important for ensuring rights are protected and clearly defined, is distinct from the concept of due process, which is more about the fair and equitable enforcement of those laws. Understanding this distinction is important in the context of constitutional law and civil rights.
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