In a pair of cases decided by the Second Appellate District of the California Court of Appeal, the Court reiterated the difference between procedural and substantive unconscionability when it ...

Substantive due process means that the government must give a compelling reason before infringing upon certain fundamental rights, no matter what process is followed. In practice, procedural due ...

— Substantive due process means that the government must give a compelling reason before infringing upon certain fundamental rights, no matter what process is followed.

Both cases involved applications of what legal scholars call "substantive due process"—that is, a substantive interpretation of the constitutional requirement that governments provide persons with ...