Substantive Due Process is the requirement that lawful statutes must be based upon generality, regularity, fairness, rationality, and public‐orientation, as well as being duly enacted.
Sandefur seeks to demonstrate the necessity of Substantive Due Process by showing what would be possible in its absence:

Compare with Wechsler's "principled decision-making".

Does this article require (too strong? implicate) that juries are empowered to both findings of fact and findings of law (to discard laws unlawful when applied to the instant case)?

See also Green Twelve Problems with Substantive Due Process 2018

2023-09-13: Sandefur In Defense of Substantive Due Process, or the Promise of Lawful Rule (2012)

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