Substantive law là gì

Procedural law consists of the set of rules that govern the proceedings of the court in criminal lawsuits as well as civil and administrative sầu proceedings. The court needs khổng lồ conform to lớn the standards setup by procedural law, while during the proceedings. These rules ensure fair practice & consistency in the "due process".

Substantive law is a statutory law that giao dịch with the legal relationship between people or the people and the state. Therefore, substantive sầu law defines the rights và 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

Comparison chart

Procedural Law versus Substantive Law comparison chart
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Procedural LawSubstantive sầu LawDefinition Powers Application Regulation
Deals with & lays down the ways & 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
No independent powers Independent powers khổng lồ 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 khổng lồ understvà the differences between the structure and nội dung of substantative và procedural law, let"s use an example. If a person is accused and undergoing a trial, substantive sầu law prescribes the punishment that the under-trial will face if convicted. Substantative sầu 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 & rights of the accused.

Bạn đang xem: Substantive law là gì

Procedural law, on the other hand, provides the state with the machinery to lớn enforce the substantive laws on the people. Procedural law comprises the rules by which a court hears & determines what happens in civil or criminal proceedings. Procedural law deals with the method and means by which substantive law is made & administered. In other words, substantive sầu law giao dịch with the substance of the case, how the charges are lớn be handled & how the facts are to be dealt with; while procedural law will give a step by step action plan on how the case is supposed lớn proceed in order lớn achieve sầu the desired goals. Therefore its procedural law that helps decide whether the case requires trial or otherwise.

Xem thêm: Xem Hướng Nhà Cho Tuổi Tân Sửu 1961 Nữ Hợp Hướng Nào : Nam Mạng + Nữ Mạng (2019)

Powers of Substantive sầu 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 h&, have no independent existence. Therefore, procedural laws only tell us how the legal process is khổng lồ be executed, whereas substantive laws have sầu the power khổng lồ offer legal solution.

Differences in Application

Example

An example of substantive sầu law is how degrees of murder are defined. Depending upon the circumstances và whether the muderer had the intent lớn commit the crime, the same act of homicide can fall under different levels of punishment. This is defined in the statute and is substantive law.

Examples of procedural laws include the time allowed for one các buổi party to sue another và the rules governing the process of the lawsuit.