Procedural law consists of the phối of rules that govern the proceedings of the court in criminal lawsuits as well as civil và administrative proceedings. The court needs to lớn conform to lớn the standards thiết lập by procedural law, while during the proceedings. These rules ensure fair practice & consistency in the "due process".
Substantive sầu law is a statutory law that đơn hàng with the legal relationship between people or the people & the state. Therefore, substantive sầu law defines the rights & 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 lớn be studied in greater detail, for better understanding.Quý khách hàng đã xem: Substantive law là gì
Comparison chart
| Deals with & lays down the ways & means by which substantive sầu 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 to lớn underst& 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 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 và rights of the accused.
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Procedural law, on the other hand, provides the state with the machinery to enforce the substantive sầu laws on the people. Procedural law comprises the rules by which a court hears và determines what happens in civil or criminal proceedings. Procedural law đơn hàng with the method và means by which substantive sầu law is made & administered. In other words, substantive sầu law đơn hàng with the substance of the case, how the charges are to lớn be handled và how the facts are to 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.
Powers of Substantive vs. Procedural Laws
Substantive 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 và 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 laws have sầu the power to offer legal solution.
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Differences in Application
Another important difference lies in the applications of the two. Procedural laws are applicable in non legal contexts, whereas substantive 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.
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 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 buổi tiệc ngọt lớn sue another and the rules governing the process of the lawsuit.