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Procedural Rights

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Chapter Summary

"Liberty" and "property" are among the great constitutional concepts purposely left to gather meaning from experience and relate to the whole domain of social and economic fact. Protected liberty interests may arise from two sources; the Due Process Clauses themselves and the laws of the states. The Due Process Clauses protect civil litigants who seek recourse in the courts, either as defendants hoping to protect their property or as plaintiffs attempting to redress grievances. The Court has recognized a constitutional right of access to courts, which assures that no person will be denied the opportunity to present to the judiciary allegations concerning violations of fundamental constitutional rights. The Fifth Amendment's Self-Incrimination Clause is incorporated in the Due Process Clause of the Fourteenth Amendment and thus applies to the states.

Keywords: civil litigants; constitutional concepts; Due Process Clauses; fundamental constitutional rights; procedural rights; Self-Incrimination Clause

10.1163/ej.9789004157910.i-1118.25
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