Procedural law consists of the mix of rules that govern the proceedings of the court in criminal lawsuits as well as civil và administrative proceedings. The court needs to conkhung to the standards setup by procedural law, while during the proceedings. These rules ensure fair practice and consistency in the “due process”.
Substantive sầu law is a statutory law that deals with the legal relationship between people or the people and the state. Therefore, substantive sầu law defines the rights and duties of the people, but procedural law lays down the rules with the help of which they are enforced. The differences between the two need lớn be studied in greater detail, for better understanding.
Bạn đang xem: Substantive law là gì
quý khách sẽ xem: Substantive sầu law là gì
Tóm Tắt
Comparison chart
| Deals with và lays down the ways và means by which substantive law can be enforced | Deals with those areas of law which establish the rights và obligations of individuals , what individuals may or may not do |
| No independent powers | Independent powers lớn decide the fate of a case |
| Can be applied in non legal contexts | Cannot be applied in non legal contexts |
| By statutory law | By Act of Parliament or goverment implemation |
Differences in Structure và Content
In order to understvà the differences between the structure và nội dung of substantative sầu và procedural law, let”s use an example. If a person is accused và undergoing a trial, substantive sầu law prescribes the punishment that the under-trial will face if convicted. Substantative law also defines the types of crimes and the severity depending upon factors such as whether the person is a repeat offender, whether it is a hate crime, whether it was self-defense etc. It also defines the responsibilities and rights of the accused.
Procedural law, on the other hand, provides the state with the machinery khổng lồ enforce the substantive sầu laws on the people. Procedural law comprises the rules by which a court hears & determines what happens in civil or criminal proceedings. Procedural law đơn hàng with the method & means by which substantive sầu law is made và administered. In other words, substantive law deals with the substance of the case, how the charges are to lớn be handled và how the facts are to lớn be dealternative text with; while procedural law will give a step by step action plan on how the case is supposed to lớn proceed in order lớn achieve the desired goals. Therefore its procedural law that helps decide whether the case requires trial or otherwise.
Here”s another good video discussing substance vs. procedure by Prof. Ian Ayers, Yale Law School.
Xem thêm: Tải Windows Loader V2.2 - Free Download Windows Loader V2
Powers of Substantive vs. Procedural Laws
Substantive sầu law is an independent mix of laws that decide the fate of a case. It can actually decide the fate of the under-trial, whether he wins or loses and even the compensation amounts etc. Procedural laws on the other hand, have no independent existence. Therefore, procedural laws only tell us how the legal process is to be executed, whereas substantive sầu laws have sầu the power to offer legal solution.
Differences in Application
Another important difference lies in the applications of the two. Procedural laws are applicable in non legal contexts, whereas substantive sầu laws are not. So, basically the essential substance of a trial is underlined by substantive sầu law, whereas procedural law chalks out the steps lớn get there.
Example
An example of substantive sầu law is how degrees of murder are defined. Depending upon the circumstances & whether the muderer had the intent to commit the crime, the same act of homicide can fall under different levels of punishment. This is defined in the statute & is substantive law.
Examples of procedural laws include the time allowed for one các buổi tiệc nhỏ to sue another & the rules governing the process of the lawsuit.
