The difference between substantive and procedural due process lies in the difference between “liberty” and “procedure.” Procedural due process, which is part of the Fifth Amendment, relates to procedures in a court of law. When one is on trial the proper process must be followed to ensure one receives a fair hearing.
Substantive due process, unlike PDP, is not explicitly stated in the U.S. Constitution. It is, instead, derived from a few sources, including the first eight amendments in the Bill of Rights and the Fourteenth Amendment. The due process clause in the Fifth Amendment says that no person shall be “deprived of life, liberty, or property without due process of law.” This clause is important in interpreting SDP.
When a court deals with a question related to SDP, they are not focused on procedure. Instead, they consider the question in connection with liberty, as mentioned in the Fifth Amendment. With substantive due process a court must decide on the scope and type of freedom that is protected by the U.S. Constitution and rule regarding a litigant’s particular freedom.