Substantive law là gì

Procedural law consists of the phối 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 lớn the standards thiết đặt by procedural law, while during the proceedings. These rules ensure fair practice and consistency in the "due process".

Substantive law is a statutory law that đơn hàng 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.Quý Khách sẽ xem: Substantive sầu law là gì

Comparison chart

Procedural Law versus Substantive Law comparison chart
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Procedural LawSubstantive LawDefinition Powers Application Regulation
Deals with & lays down the ways và means by which substantive 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 to 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 & Content

In order to understvà the differences between the structure and content of substantative & procedural law, let"s use an example. If a person is accused & 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 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 và rights of the accused.

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Procedural law, on the other h&, 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 đơn hàng with the method & means by which substantive law is made & administered. In other words, substantive sầu law deals with the substance of the case, how the charges are khổng lồ be handled and how the facts are to lớn be dealt with; while procedural law will give a step by step action plan on how the case is supposed khổng lồ proceed in order khổng lồ achieve sầu the desired goals. Therefore its procedural law that helps decide whether the case requires trial or otherwise.

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Powers of Substantive vs. Procedural Laws

Substantive law is an independent phối of laws that decide the fate of a case. It can actually decide the fate of the under-trial, whether he wins or loses và even the compensation amounts etc. Procedural laws on the other hand, have sầu no independent existence. Therefore, procedural laws only tell us how the legal process is to be executed, whereas substantive laws have sầu the power to lớn offer legal solution.

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Differences in Application

Example

An example of substantive law is how degrees of murder are defined. Depending upon the circumstances & 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 và is substantive sầu law.

Examples of procedural laws include the time allowed for one tiệc nhỏ to sue another and the rules governing the process of the lawsuit.


Chuyên mục: Công Nghệ