What does it mean when a law is described as "fair" under substantive due process?

When a law is described as "fair" under substantive due process, it primarily focuses on the nature and content of the law itself, assessing whether it aligns with fundamental rights and justice. While the application of a law equally to all citizens is one aspect of fairness, substantive due process looks deeper into whether the law is justifiable based on moral principles and whether it respects individual rights and liberties. A law deemed "fair" under this principle must align with societal values and fundamental ethics, ensuring it serves a legitimate purpose without infringing on individual rights.

The notion of fairness goes beyond mere equal application or procedural clarity; it implies that the law must not only be applied uniformly but must also be fundamentally just and reasonable. This means that the underlying principles that justify the law should resonate with societal values, thereby safeguarding individuals against arbitrary governance. Hence, the essence of fairness in this context transcends equality and touches upon the core ethical and moral foundations that underpin the legal system.