What is meant by substantive due process?

Substantive due process refers to the fundamental fairness and justness of laws—essentially evaluating whether a law itself is fair, reasonable, and in accordance with the principles of justice. This concept focuses on the substance of legislation and the rights it impacts, ensuring that laws do not infringe on individual rights without a sufficient justification. For instance, it safeguards rights that may not be explicitly mentioned in the Constitution but are nevertheless considered intrinsic to the notion of liberty and justice, such as the right to privacy.

In contrast, other options pertain to procedural elements rather than the substantive nature of laws. While the procedures followed in legal processes are crucial for ensuring fairness in how laws are applied, they do not address the essence of the laws themselves. Similarly, the right to legal representation during a trial and the ability to appeal legal decisions relate to the procedural aspects of law and not to the substantive evaluation of the laws' fairness. Therefore, when discussing substantive due process, the focus is specifically on the fairness of the laws rather than the processes surrounding their implementation.