6.10.2. Description

This article is a check on arbitrary powers of the State. The State must act according to a procedure while depriving an individual of his liberty.

Procedure established by law has been borrowed from the British tradition. It checks whether the law is procedurally correct. However, judiciary is not allowed to challenge the intentions of the law.

Due process of law is a facet of American judiciary. Judiciary can challenge the law not only on procedural grounds but also on the basis of its reasonableness.