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实质性正当程序是对联邦和州政府部门立法权的一项宪法限制,要求其所制定的法律,必须符合公平与正义。实质性正当程序在经济自由领域经历了上升和衰落两个历史阶段。在以洛克纳案为代表的经济正当程序兴盛时期,法院受契约自由、自由竞争的价值观念主导,严格审查各州关于经济自由的立法。当自由经济向福利管制经济转变时,经济正当程序没落,实质性正当程序转而以一种宽松的审查标准面对经济自由领域的问题。
Substantive due process is a constitutional restriction on the legislative power of the federal and state government departments and requires that the laws enacted by them must be fair and just. Substantive due process has experienced two historical stages of ascent and decline in the field of economic freedom. In the period of economic due process represented by Lochner, the court was guided by the values of free and free competition of contracts and strictly scrutinized the legislation of every state on economic freedom. When the free economy is transformed to a welfare-regulated economy, the due process of economic processes is declining and substantive due process turns to a relaxed examination of the standard in the area of economic freedom.