What is the purpose of substantive due process in relation to governmental action?

Study for the California Bar Exam. Engage with flashcards and multiple choice questions, each question offers hints and explanations. Prepare effectively for your exam!

Substantive due process serves as a constitutional safeguard that ensures certain fundamental rights are respected and not arbitrarily infringed upon by government action. The purpose of substantive due process is to require that governmental limitations on these rights are reasonable and justified. This concept implies that there are certain liberties and rights that are so fundamental to the notion of ordered liberty that any government action affecting them must meet a high standard of justification, essentially ensuring that individuals are protected from government overreach in matters concerning their personal freedoms and autonomy.

In this context, the idea is not to eliminate all government regulations but to ensure that when the government seeks to limit fundamental rights, it must do so with sufficient justification and in a manner that does not violate the essence of those rights. This balance helps maintain a system in which individual liberties can coexist with the powers of the state, thereby fostering a just society where rights are not only recognized but also adequately defended against unjust governmental actions.

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