Simplified the difference between procedural and substantive law

Meaning

Procedural law is the law that regulates the practice, procedure and mechanism of implementing rights and obligations.

Substantive law is the law that provides for the rights and obligations of the parties.

Government

How to conduct legal cases?

How should people behave?

Focus on

Ways and means of implementing substantive law.

To fix the rights and obligations of citizens.

Context

Applicable to legal and non legal backgrounds.

Legal environment only

Governance

According to statute law.

Pass a parliamentary bill.

Definition

Initiate and prosecute civil and criminal proceedings.

The rights of the parties and the punishment of the offender.

Relevant

Matters within the court

Out of court matters

Procedural law can be defined as the law governing the way of court proceedings. In short, it explains the methods and practices followed by the court in dealing with cases, that is, the gradual process of litigation and the way the court deals with cases. Therefore, it describes a series of steps taken in civil, criminal and administrative cases.

The procedural law determines all proceedings and therefore it is in accordance with due process. Due process is applicable to the legitimate right of the person being sued to bring a legal action.

Procedural law determines the means of imposing rights and providing remedies for errors. It consists of the rules of jurisdiction, defense, appeal, evidence production, judgment enforcement, cost, etc.

Substantive law refers to the written law that stipulates the rights, obligations and responsibilities of citizens and collective organizations. This is the rule system to regulate the behavior of state citizens. It is usually a written code, but it can also be found in common law.

Substantive law is related to the essence of the case. It helps to prosecute or defend a person’s legal proceedings.

It is this part of the legal system that distinguishes right from wrong, and concretizes the idea that the Commission of a crime will result in the punishment or punishment of the offender, or both, as the case may be.

The fundamental difference between procedural law and substantive law will be discussed in the following points:

Procedural law refers to the law that stipulates the methods, procedures and mechanisms for the enforcement of rights and obligations. At the other extreme, substantive law refers to the law concerning the subject matter of the case and clarifying the rights and obligations of the parties concerned.

Procedural law determines the way in which a case is brought or appealed, while substantive law regulates the conduct of an individual or a government agency.

Procedural law creates a mechanism for law enforcement. Unlike substantive law, the latter stipulates the rights and obligations of citizens.

Procedural law applies to legal and non legal matters. On the contrary, substantive law cannot be applied to non legal matters.

Statute law regulates procedural law, while substantive law is governed by parliamentary law.

Procedural law is about the initiation and prosecution of civil and criminal proceedings. On the contrary, substantive law applies to the rights and obligations of the parties concerned and to the punishment of the wrongdoer.

Procedural law deals with the internal affairs of the court, such as appeals, production of evidence, representation of lawyers, defense, review, etc. Unlike substantive law, it involves external affairs of the court, such as the basic rights and responsibilities of members of society.

In short, the difference between the two laws is that the procedural law supervises the litigation process, while the substantive law involves the purpose and object of the litigation. Procedural law expresses the way of law enforcement, while substantive law explains the behaviors prohibited and enforced by law. In short, procedural law is only an addition to substantive law.

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