Procedural law consists of the mix of rules that govern the proceedings of the court in criminal lawsuits as well as civil & administrative sầu proceedings. The court needs to lớn conkhung to 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 & 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 to be studied in greater detail, for better understanding.
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|Deals with and lays down the ways and means by which substantive sầu law can be enforced||Deals with those areas of law which establish the rights & 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 & Content
In order to underst& the differences between the structure và content of substantative sầu and procedural law, let"s use an example. If a person is accused & undergoing a trial, substantive law prescribes the punishment that the under-trial will face if convicted. Substantative law also defines the types of crimes và 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.
Procedural law, on the other hand, provides the state with the machinery khổng lồ 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 & means by which substantive sầu law is made & administered. In other words, substantive law deals with the substance of the case, how the charges are lớn be handled và how the facts are to lớn be dealt with; while procedural law will give sầu 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 clip discussing substance vs. procedure by Prof. Ian Ayers, Yale Law School.
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Powers of Substantive vs. Procedural Laws
Substantive sầu law is an independent set 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 the power khổng lồ 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 law, whereas procedural law chalks out the steps lớn get there.
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An example of substantive sầu law is how degrees of murder are defined. Depending upon the circumstances và whether the muderer had the intent to 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 tiệc nhỏ khổng lồ sue another & the rules governing the process of the lawsuit.
Chuyên mục: Công Nghệ 4.0