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The Violation of Joe Public's Procedural and Substantive Due Process - Essay Example

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The violation of Joe Public’s Procedural and Substantive Due Process Name: Institution: The due process of the law is the implementation of government authority under the statute of law with due consideration for the fundamental and essential justice rights of persons…
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The Violation of Joe Publics Procedural and Substantive Due Process
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Download file to see previous pages In addition, it is mainly decided upon through the assessment of deliberation of error and analysis of interests. The substantive due process explains how the justice is depicted in the law and its link to the perception of legality. It offers a source of fairness and justice beyond the Constitution, which is determined through basic rights and persuasive requirement tests. However, an individual, fundamental rights and equal protection may be violated in the course of justice. Selective incorporation involves the explicit protection of essential and fundamental rights of an individual. This is similar to equal protection; however, equal protection clause is not present in the Fifth Amendment. Equal protection concerns discrimination allegations, therefore, from a selective incorporation viewpoint; the case can be filed as a discrimination claim under the Fifth Amendment. Joe Public can file his case in the federal courts. The case is involving the Fifth Amendment and Fourteen Amendment of the United States Constitution, and the federal courts handle most cases that may concern or challenge the Constitution. Moreover, the case can challenge and argue that there were some outlawed procedures that were violated, and the entire procedure substantively desecrated the doctrines of essential and fundamental justice. This will prompt a shift in the load of evidence to the State to demonstrate the compelling need. The case can be filed within the jurisdiction of the state courts and specifically in the state in which the health institution is location. The state courts can also handle cases involving the U.S Constitution, the state law and the state constitution. According to the Fourteenth Amendment, as a United State citizen, Public has a right to access all the privileges that belong to the citizens of United States. There is no law in the State in which Public resides, and went to seek medical treatment that was enforced which prevents Public from accessing the needed requirement. Therefore, he was denied his right as a United State citizen to quality and efficient medical care without any discrimination. This violated his procedural due process. Under the Fifth Amendment, Public has the right to quality life, which is possible through access to medical care that also provides relevant information regarding the social, health and cultural needs. The medical facility deprived him of this information, thus violating his fundamental rights and substantive due process (Stephens and Scheb, 2007). According to Holt (2010), the Fifth Amendment was only to apply to the federal government initially, thus the federal courts. However, the Fourteenth Amendment makes the Fifth Amendment binding to the states and their jurisdiction, hence the state courts. The violations of Public rights as a patient and a citizen are extensively covered with the Fourteenth Amendment. The case can be filed in both federal and state courts. However, Public is best suited filing the case in the State Courts since it is still in its jurisdiction and authority. The equal protection of Public’s rights was also violated. The right to access to emergency services was denied to John Public. This led to deterioration of the symptoms that Public was experiencing at the time. In addition, the hospital did not provide information that was relevant to the disease. This would have provided insight into the management of the disease. Mckenzie et al (2011) argue that without this information, understanding ...Download file to see next pagesRead More
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