Due process

Due process is a comparative term for procedural guarantees that make state decisions fair and contestable. Swiss law commonly speaks of procedural rights, fair trial rights and the right to be heard. These include timely information about proceedings, access to the file where appropriate, the opportunity to present arguments and evidence, an impartial authority, reasoned decisions and access to judicial review. The content differs between criminal, civil and administrative matters, and urgency may justify limited modifications. Due process is not merely formal: a violation may affect the validity of a decision or require the authority to repeat procedural steps.