Public Notices Ensure Due Process of Law
Public notices are integral to democratic governance and stem from the right to “due process of law” guaranteed by the federal and state constitutions. Due process of law protects Americans’ rights from arbitrary or wrongful violations. This concept has two parts: substantive due process and procedural due process. Substantive due process refers to the types of rights that are protected. Procedural due process refers to the means of protecting those rights. Substantive due process ensures that certain basic rights are not violated, while procedural due process may require suitable notice and a hearing before a government or court-appointed body can act in a way that may affect those basic rights. Public notices play a vital role in both substantive and procedural due process because they provide a window into government actions and also afford notice to citizens of actions about to take place, so they may exercise their constitutional right to be heard. Importantly, notification not only informs the individual or entity most directly affected, but also the general public which has an interest in knowing how public powers are being used.