On the contrary, the substantive law can be defined as one that comprises of statutory rules passed by the legislature, through the process of enactment, regulating the conduct of citizens. It talks about the structure and facts of the lawsuit.
The article presented to you simplifies the difference between procedural law and substantive law, so take a read.
Basis for Comparison Procedural Law Substantive Law Meaning Procedural law is a law that specifies the practice, procedure and machinery for the imposition of rights and duties.
Substantive Law is the law that states the rights and obligations of the parties concerned. Governs How legal case flows? How people should behave? Concerned with Ways and means for imposing substantive law.
Fixation of rights and duties of the citizens. Context Applicable to legal and non-legal context. Applicable to legal context only Governance By statutory law. By act of parliament. Procedural laws define the rules with which substantive laws may be enforced. Substantive law is considered to be main law and Procedure law as subordinate to Substantive Law. The question of whether an individual is competent to enter into a contract is dealt under Substantive Law, whereas the question of the time within which one party may sue another is dealt under Procedural Law.
A person has to declare his true income in income tax return, this is substantive law and return has to be filed in a particular form, within due date as prescribed is procedural law. The appeal has to be filed online in Form 35 within 30 days of receipt of order is a procedural law.
Payment of due taxes is substantive law, filing of income tax or GST return is a procedural law. Separate penal actions are provided in various statutes for violation of law whether it is substantial or procedural.
If a person does not pay his due taxes, severe penal actions are provided and in case a person pays taxes but does not file returns, soft penal actions are provided. Substantive part of law establishes the rights, duties and liabilities of individuals.
Procedural law establishes the methods, practices and ways in which a court proceeding takes place. Substantive law consists of written statutory law passed by legislature that govern how people behave, They also define our rights and responsibilities as citizens, on the other hand, Procedural law governs the mechanics of how a legal case flows, including steps and processes of a case, it adheres to due process.
In Commissioner of Wealth Tax, Meerut vs. What, then, is the true nature of the distinction? The law of procedure may be defined as that branch of the law which governs the process of litigation. It is the law of actions — jus quod ad actions pertinent — using the term action in a wide sense to include all legal proceedings, civil or criminal.
All the residue is substantive law, and relates, not to the process of litigation, but to its purposes and subject-matters.
The latter regulates the conduct and relations of courts and litigants in respect of the litigation itself; the former determines their conduct and relations in respect of the matters litigated. What facts constitute a wrong is determined by the substantive law; what facts constitute proof of a wrong is a question of procedure. Therefore, substantive 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. In order to understand the differences between the structure and content of substantative and procedural law, let's use an example. If a person is accused and 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 and rights of the accused. Procedural law, on the other hand, provides the state with the machinery to enforce the substantive laws on the people. Procedural law comprises the rules by which a court hears and determines what happens in civil or criminal proceedings. Procedural law deals with the method and means by which substantive law is made and administered. In other words, substantive law deals with the substance of the case, how the charges are to be handled and how the facts are to be dealt with; while procedural law will give a step by step action plan on how the case is supposed to proceed in order to achieve the desired goals.
Therefore its procedural law that helps decide whether the case requires trial or otherwise. Here's another good video discussing substance vs.
Click here to follow election results! Substantive law and procedural law are terms used to describe and distinguish two different types of law:. In the United States, both of these types of law are derived from a variety of sources, including common law , constitutions , legislatively enacted statutes, and judicial decisions.
West's Encyclopedia of American Law distinguishes substantive and procedural law in the following way: [3]. Substantive law refers to all categories of public and private law, including the law of contracts, real property, torts, and Criminal Law. For example, criminal law defines certain behavior as illegal and lists the elements the government must prove to convict a person of a crime. In contrast, the rights of an accused person that are guaranteed by the Fourth, Fifth, and Sixth Amendments to the U.
Constitution are part of a body of criminal procedural law. According to West's Encyclopedia , most substantive law in the United States was derived from common law prior to the 20th century, with judicial decisions and legal precedents as the primary sources of law.
The encyclopedia states that the volume and nature of substantive law changed throughout the 20th century because of laws enacted by Congress and state legislatures. Ballotpedia features , encyclopedic articles written and curated by our professional staff of editors, writers, and researchers.
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