Substantive vs Procedural Law
Understanding the difference between substantive and procedural law is straightforward once the meanings of the terms are clear. Substantive law refers to the main body of law that relates to the core of a subject matter, while procedural law pertains to the process of law. These two components make up the majority of legal rules, regulations, and procedures.
What is Substantive Law?
Substantive law, also known as written or statutory law, is the body of law that creates, defines, and regulates the rights, duties, liabilities, and obligations of citizens within a country. It covers all forms of public and private law, including civil and criminal law. Examples of substantive law include contract law, tort law, property law, and criminal law. This type of law helps determine whether someone has committed a crime or civil wrong and outlines the consequences of such actions.
Key Takeaways
- Substantive law defines and regulates the rights, duties, and obligations of citizens and their relationship with the state.
- Procedural law is the mechanism through which substantive law is enforced and governs the legal process, such as how a case should be filed and tried in court.
- Substantive law deals with the substance of a crime or tort, while procedural law deals with the process of bringing a case to trial.
What is Procedural Law?
Procedural law is the body of law that outlines the steps to enforce legal rights and the methods for administering substantive law. It covers the rules that govern court trials and lawsuits, both civil and criminal, and defines how courts should hear and determine cases. Procedural law ensures due process and fundamental justice, meaning all people involved in a legal action or trial are treated fairly and equally. This type of law governs aspects such as filing an action in court, time limits for applications, and the arrest and detainment of criminal suspects.
Difference between Substantive and Procedural Law
Substantive and procedural law are two essential components of law that guide the legal, judicial, and law enforcement communities. Substantive law creates and defines the rights, duties, and obligations of citizens and governs the relationship between citizens or citizens and the state. It aims to regulate and govern people’s conduct or behavior through various rules, such as criminal law, contract law, tort law, or property law.
Procedural law, on the other hand, is the mechanism through which substantive law is enforced. It governs the legal process and prescribes rules for how a case should be filed, what evidence should be presented, the trial’s conduct, and case determination. Substantive law defines the specific crime or wrong, while procedural law outlines the manner in which a crime or wrong will be tried in court. In summary, substantive law deals with the substance of a crime or tort, while procedural law deals with the process of bringing a case to trial.
