efnisréttaraðgerðina

Efnisréttaraðgerðina, often translated as "substantive due process," is a legal concept in the United States that protects certain fundamental rights from government interference, even if the government follows fair procedures. It is distinct from procedural due process, which focuses on the fairness of the methods used by the government when depriving someone of life, liberty, or property.

Substantive due process interprets the Due Process Clauses of the Fifth and Fourteenth Amendments to the U.S. Constitution as protecting not only the process of law but also the substance of the laws themselves. This means that some rights are so fundamental that the government cannot infringe upon them, regardless of how fair the process might be, unless there is a compelling government interest that is narrowly tailored to achieve that interest.

Historically, the interpretation and application of substantive due process have evolved. Early cases focused on economic rights, but in the 20th century, the doctrine became more associated with protecting personal liberties, such as privacy, marriage, family autonomy, and intimate sexual conduct. The Supreme Court has identified these rights as being implicit in the concept of ordered liberty.

The application of substantive due process can be controversial, as it involves judges in determining what rights are fundamental and therefore protected from legislative action. Critics sometimes argue that it allows for judicial overreach and can lead to the creation of rights not explicitly enumerated in the Constitution. However, proponents argue it is essential for safeguarding individual freedoms from potential governmental tyranny.