If you continue to use this site we will assume that you are happy with it. Hence, while Procedural Justice focuses on carrying out decisions according to the statement of the law, Substantive Justice is interested in probing whether or not the laws are just themselves. It may be codified in statutes or exist through precedent in common law. It includes the commencement of the suit, type of pleadings, filing applications, etc. DIFFERENCE BETWEEN PROCEDURAL LAW AND SUBSTANTIVE LAW, SUPREME COURT DECISION ON REPRODUCTIVE RIGHTS, Deals with and lays down the ways and means by which substantive law can be enforced, Deals with those areas of law which establish the rights and obligations of individuals , what individuals may or may not do, Independent powers to decide the fate of a case, By Act of Parliament or goverment implemation. How are procedural laws and substantive laws related? Substantive Law is defined by the legal relationship of people with other people or between them and the state. "Procedural" law are things like rules of evidence or procedure. The Latest Innovations That Are Driving The Vehicle Industry Forward. Procedural is the method of government action on how the law is carried out. This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist. Substantive law is about the definition of people's rights, duties and power, while procedural law is about prescribing the form and order by which the law will be enforced. For example, a state that says, though shalt not steal. Fixation of rights and duties of the citizens. What are the differences between substantive and procedural liberties? Substantive law is an independent set of laws that decide the fate of a case. Procedural Law Meaning Procedural law is also called "law of action". Substantive law deals with the rights and liabilities of the parties whereas procedural law provides the procedure by which the rights and liabilities will be enforced in a court of law. Whereas, Procedural law refers to the different processes through which a case proceeds. This law deals with the rules and regulations which are followed in a criminal trial. This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. Together, substantive and procedural laws work to ensure that a trial is fair and free of improper procedures. How do you keep up with law school readings? 2. Procedural law is the body of legal rules that govern the process for determining the rights of parties. How is substantive law used in criminal cases? Substantive law refers to how facts of each case are handled and how to penalize or ascertain damages in each case. 3 What are the two types of procedural law? Researchers all over the world have the access to upload their writes up in this site. Substantive law is the law that creates the right being claimed, or the law under which charges. Procedural law establishes the legal rules by which substantive law is created, applied and enforced, particularly in a court of law. Score: 4.5/5 (73 votes) . Therefore, substantive law defines the rights and duties of the people, but procedural law lays down the rules with the help of which they are enforced. Substantive law describes how people are expected to behave according to accepted social norms. Some basic differences between substantive law and procedural law. The Substantive Laws are basically derived from Common Law, Statutory Law, Constitution and from the Legal Precedents. We hope you understand the concept and the differences very well. The term substantive law refers to that law that provides certain rights, duties, and liabilities to a citizen or to a collective body. Substantive law refers to all categories of public and private law, including the law of contracts, property, torts and crimes of all kinds. Substantive law with respect to criminal law defines criminal offenses (e.g., burglary and robbery) and specifies punishments. Substantive Law is the law that states the rights and obligations of the parties concerned. Procedural law differs from substantive law in that it guides the state on how best to enforce substantive laws. Substantive laws define the legal relationship between different individuals, or between individuals and the State. In fact, you can decide the fate of the trial, whether you win or lose and even the amounts of compensation, etc. Required fields are marked *. The procedural law applies to both legal and non-legal matters. Procedural laws govern how court proceedings dealing with the enforcement of substantive laws are conducted. As the name suggests, the procedural law provides for the procedure by which you will approach the court or will enforce your right and liability. Difference between Substantive and Procedural Law Substantive law is the body of law that sets out the rights and duties of people. On the other extreme, substantive law alludes to the law that deals with the subject matter of the case and states the rights and obligations of the parties concerned. Substantive law defines how the facts in the case will be handled, as well as how the crime is to be charged. Procedural Law and Substantive Law Procedural law, which refers to the guarantees of certain procedural methods and rules, is to be distinguished from substantive law, which refers to the rights and duties of everyday conduct, such as those related to contract law and tort law. The Code of Criminal Procedure Code (CrPC) provides for all the rules and regulations in criminal matters. Substantive law also provides for the rights of the other party to defend itself in the legal proceedings. All such kind of procedure falls under the ambit of procedural law. What is the difference in procedural law and substantive law? Substantive law refers to the body of rules that determine the rights and obligations of individuals and collective bodies. What did the Supreme Court do in Norris v Alabama. Procedural law provides the process that a case will go through (whether it goes to trial or not). Procedural law focuses more on the rules that are used to enforce those rights and responsibilities. Substantive law establishes the rights and obligations that govern people and organizations; it includes all laws of general and specific applicability. But in the end procedural law is a stem of a form of substantial law. Substantive law and procedural law are two important branches of law that complement each other. Although Charles Clark acknowledged that "the line between [substantive and procedural law] is shadowy at best," 142 he seemed simultaneously to embrace the notion that procedure is "normatively distinct from and subordinate to substantive law." 143 In 1923, Edson Sunderland, one of the key drafters of the Federal Rules, described the . As applied to criminal law, substantive law is that which declares what acts are crimes and prescribes the punishment for committing them, as distinguished from the procedural law which provides or regulates the steps by which one who commits a crime is to be punished. Substantive law refers to the body of rules that determine the rights. The substantive law provides for the crime and punishment. In contrast, procedural law is the body of law that sets out the steps that must be followed in order to enforce those rights and duties. Though this law is mainly codified, it can be seen in common law too. https://thebusinessprofessor.com/en_US/us-legal-system/substantive-and-procedural-lawWhat is procedural law? 6 How are procedural laws and substantive laws related? Therefore, procedural laws only tell us how the legal process will be executed, whereas . Whereas, procedural laws comprise the rules and processes which any court follows for hearing and determining the cases. This is defined in the statute and is substantive law. Substantive law refers to how facts of each case are handled and how to penalize or ascertain damages in each case. The procedural law deals with the internal affairs of the court, such as the presentation of evidence, review, etc. The most common substantive version includes individual rights within the rule of law. For example, substantive law is used to decide whether a crime was a hate crime, whether a murder was committed in self-defense, and so on. Procedural law deals with the method and means by which substantive law is made and administered. The main subject matter of substantive is the rights and liabilities whereas the subject matter of procedural law is the mechanism for enforcement of the law. Substantive Law is a Statutory Law that deals with the relationship between the people and the State. For a layman, substantive law means a law that deals with the substance of the case. Procedural law encompasses the standards according to which a court determines and hears what is likely to occur during a civil lawsuit, as well as the administrative and criminal proceedings. substantive defense. injured by agency action 2.) Both the laws are two sides of a coin, and in the absence of procedural law, the substantive law would turn futile and vice-versa. All in all, it deals with jurisdiction, pleading, presenting evidence, execution, etc. In contrast, Procedural Law lays down the procedure followed in the case and how punishments are dealt with. That is, it says what you can or cannot do. This branch of substantive law deals with individuals and the state. A substantive law defines a legal relationship or prohibits certain conduct. Substantive law versus Procedural law. They not only tell if a crime committed by an individual is indeed considered a criminal offense but also how severe the crime may be . For example, a state statute reads, an individual has 30 days to file a response to a civil complaint. Procedural law determines how you should do something. 2. Substantive law and procedural law are the two main categories within the law. The court needs to conform to the standards setup by procedural law, while during the proceedings. The views and opinions of the authors expressed in the Web site do not necessarily state or reflect those of the Lawyers & Jurists. Examples of procedural laws include the time allowed for one party to sue another and the rules governing the process of the lawsuit. In every society, the legal system plays a very crucial part as laws and regulations govern the life of its citizens, and provide them with certain rights and duties. In this article, we will explain thoroughly the difference between substantive law and procedural law. Procedural law establishes the legal rules by which substantive law is created, applied and enforced, particularly in a court of law. "Procedural law," which refers to the guarantees of certain procedural methods and rules . Procedural law, on the other hand, provides the state with the machinery to enforce the substantive laws on the people. In the investigatory phase, the inspecting officer (IO) collects all the evidence against the accused, presents him before the judicial magistrate, handles bail application, etc. "Procedural law," which refers to the guarantees of certain procedural methods and rules, is to be distinguished from "substantive law," which refers to the rights and duties of everyday conduct, such as those related to contract law and tort law. In order to understand the differences between the structure and content of substantative and procedural law, lets use an example. Initiation and prosecution of civil and criminal lawsuits. It is mandatory for each and every person to abide by the legal principles, and non-violation attracts serious punishment, such as imprisonment or penalty. These rules, or laws, define crimes and set forth punishment. For example, for a criminal offence, substantive law describes the offence and identifies the facts to be proven for conviction. Substantive law differs from procedural law, in that it defines people's rights and responsibilities. By procedural law, we mean the law that prescribes the methods, procedure and machinery for the enforcement of rights and obligations. Substantive involves determining whether a law is fair. The differences between the two need to be studied in greater detail, for better understanding. Substantive Law, body of law concerned with rights and obligations, as opposed to PROCEDURAL LAW which concerns how to enforce and defend such rights and obligations. In most jurisdictions, procedural laws are found in publications such as the Rules of Civil Procedure, and Rules of Court. The procedural laws of the federal courts can be found in the Federal Rules of Civil Procedure.. Substantive criminal law specifically defines what constitutes certain crimes, as well as prescribed penalties when someone is convicted of those crimes. In very simple words, it explains the methods and practices which are followed in the court for a particular case. It can be understood as a system of rules which governs the behavior of an individual in society. It suggests that corrective treatments should be equal at every step of the legal process. What is Substantive Law? The court needs to conform to the standards setup by procedural law, while during the proceedings. Some of the major examples of substantive civil laws are the Indian Contract Act, 1872; Transfer of Property Act 1882; Specific Relief Act; Indian Trust Act, 1882. Law is also classified as substantive and procedural (Table 4-2). Procedural lawis how the legal laws should act in regards to implementation. Rights of parties and punishment for wrongdoer. Substantive Law. While procedural law expresses how the law is implemented, substantive law explains the forbidding and mandating conducts as per law. The difference between substantive and procedural law is reasonably easy to state. This law deals with the rules and regulations which are followed by the court in a civil trial. The substantive law is considered the main law, whereas the procedural law is considered subsidiary law. In broad terms, substantive law defines the rights and duties of persons; procedural law defines and deals with procedures for enforcing those rights and duties. NOTE: In international commercial arbitration, it has become a practice that parties agree upon a substantive law and on curial law. What is public policy? For instance in a trial, the procedural law determines how it will proceed ahead. It is the "substance" of the case, or the stuff that makes the case what it is. establishes the process through which rights and responsibilities are enforced. Substantive law deals with . Substantive due process looks to whether there is a sufficient substantive justification, a good enough reason for such a deprivation. This law deals with the rules and regulations which are followed in a criminal trial. Procedural law ( Table 4-2) covers the formal rules for enforcing substantive law and the steps required to process a case, whether . Procedural And Substantive Law Analysis. Applicable to legal and non-legal context.