Due Process Versus Secret Courts

by Wendy McElroy
Dec. 01, 2014

Due process is a set of legal requirements that protect the individual against abuse by the state. Examples are a person’s right to be notified of court proceedings in which he is involved and the right against self-incrimination. Due process is woven into the fabric of American society through both the Constitution and legal precedent.

Few practices are as damaging to due process as secret courts and secret law. From the abuses of the Spanish Inquisition to the English Star Chamber, historians have detailed how individual rights decline as state secrecy rises. This relationship can be explained in various ways. One of them is with reference to knowledge and power.

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