Due Process: Legal Magic Words?

The phrase “due process” has been all over media and in headlines lately like it’s a magic spell—Abracadabra—to process! but what does it actually mean? Let’s pull back the curtain and take a look.

A (Snackable) History

• 1215, England: King John signs the Magna Carta, pledging that no free person would lose life, liberty, or property “except by the lawful judgment of his peers, or by the law of the land.”

• 1354: Under Edward III, that concept evolves into “due process of law.” Translation: Even kings have to play by the rules.

• Across the Atlantic: The idea anchors itself in the Fifth and Fourteenth Amendments to the U.S. Constitution, ensuring that no one—citizen or not—can be deprived of life, liberty, or property without due process.

U.S. and Georgia Constitutions

• U.S. Constitution (Fifth & Fourteenth Amendments): The guarantees here cover both procedural due process (the “how” of government action) and substantive due process (the “what” of fundamental rights).

• Georgia Constitution: Georgia adds its own twist, taking a more protective stance on economic liberty. Instead of the federal “rational basis” test, Georgia courts require laws to be “reasonably necessary” to serve a legitimate public purpose.

Breaking It Down: What Due Process Actually Means

Think of it this way: “due process” requires fair warning, a real hearing, and someone impartial deciding the outcome.

• Procedural due process: Notice of what’s happening, a chance to be heard, and a neutral decision-maker. The specifics depend on whether it’s criminal or civil.

• Substantive due process: The government can’t trample deeply rooted rights—marriage, bodily autonomy, and so on—without a compelling reason.

“What Now?”—Georgia Remedies When Due Process Goes Missing

If Georgia skips due process, courts can:

• Issue injunctions to halt unfair action,

• Order a new trial or hearing,

• Award damages or other relief, depending on the harm.

Unsurprisingly, the words “due process” still don’t equal a magic wand, but they are a key foundation of basic guarantees in the United States and Georgia Constitutions to defend a fair system of justice, individual freedoms, and economic rights. So yes, “due process” may sound like law’s abracadabra—but it’s no empty incantation. It’s the product of centuries of legal evolution, from barons demanding fairness in 1215 to today’s constitutional battles. And when due process is denied? Georgia—and sometimes the U.S.—do their best to un-Abracadabra the damage.