Matt Gustafson, age 15, Erie Pa., for his question:

WHAT IS DUE PROCESS OF LAW?

Due process of law is a basic principle in the American legal system that requires fairness in the government's dealings with individuals. The phrase "due process of law" appears in the 5th and 14th amendments to the Constitution of the United States.

These amendments forbid federal, state and local governments from depriving a person of "life, liberty or property without due process of law." The Supreme Court of the U.S. has applied these words to a number of different situations.

The idea of due process of law actually dates from the English Magna Carta of 1215. One article of this document promises that no man shall be deprived of life, liberty or property except "by the lawful judgment of his peers or by the law of the land."

Some early English writs (written legal orders) were designed to bring the government under a rule of law. For example, a writ of habeas corpus requires that the government show just cause before it can hold a person in custody.

Through law and custom, various safeguards have been developed in the U.S. to assure that persons accused of wrongdoing will be treated fairly. These safeguards are sometimes called "procedural due process."

Procedural due process includes the following requirements: the law must be administered fairly; a person must be informed of the charges against him and must be given a fair hearing; the person bringing the charges must not be allowed to judge the case; and criminal laws must be clearly worded so that they give adequate warning of the action prohibited.

Courts have also used the "due process" clauses of the 5th and 13th amendments to limit the content of laws, even though there was no procedural unfairness.

The courts have declared unconstitutional some of the laws restricting personal freedoms and business on the ground that the laws in question clearly violated due process.

Civil rights are the freedoms and rights that a person may have as a member of a community, state or nation. Civil rights include freedom of speech, of the press and of religion. Among others are the right to own property and to receive fair and equal treatment from the government, other persons and private groups.

In democratic countries, a person's civil rights are protected both by law and custom. Courts of law decide whether a person's civil rights have been violated. The courts also determine the limits of civil rights, so that people do not use their freedoms to violate the rights of others.