Substantive Law vs Procedural Law: Definition, Legal Sources and Methods
What is Substantive Law and Procedural Law?
Substantive law defines the rights and obligations of individuals and organisations, while procedural law outlines the process for resolving disputes and enforcing the rights and obligations of individuals and organisations.
Introduction: Substantive Law vs Procedural Law
Substantive Law vs Procedural Law: Substantive and procedural laws are important in their own way and play a critical role in the administration of justice. This post will explore the difference between substantive and procedural law and examine how they work together to ensure justice is served.
What is Substantive Law
Substantive law refers to the body of law that outlines the rights and obligations of individuals and organisations. The law defines legal or illegal behaviour and sets out the punishments for it. Substantive law covers many legal areas, including criminal, civil, and contract law.
Criminal law is an excellent example of substantive law. Criminal law defines what actions are considered criminal and the penalties for those crimes. For example, if a person commits murder, they can be charged with a crime and sentenced to prison or even death in some states.
Civil law, however, governs disputes between individuals and organizations, such as breach of contract, personal injury, or property disputes.
Substantive law is typically written in statutes, regulations, and case law. Statutes are laws passed by legislative bodies, such as national parliaments or state legislature, and regulations are rules and procedures created by administrative agencies.
Case law is the law that judges create through their interpretation of statutes, regulations, and the Constitution.
What is Procedural Law?
Procedural law refers to the rules governing the legal process. It outlines how cases move through the legal system, from the initial filing of a complaint to the final resolution. Procedural law covers various legal areas, including civil, criminal, and administrative procedures.
Civil procedure, for example, outlines the process for filing a lawsuit and moving a case through the court system. The criminal procedure outlines the process for investigating and prosecuting crimes, including the rights of the accused and the rules for gathering and presenting evidence.
The purpose of procedural law is to ensure that the legal process is fair and efficient. It provides a framework for resolving disputes and ensures that everyone involved in the legal process, including judges, lawyers, and litigants, knows what is expected of them.
The Relationship between Substantive Law vs Procedural Law
Substantive and procedural law work together to ensure justice is served. Substantive law defines the rights and obligations of individuals and organizations, while procedural law outlines the process for resolving disputes and enforcing those rights and obligations.
In other words, substantive law defines legal or illegal behaviour and the consequences of illegal behaviour, while procedural law outlines how those legal issues are resolved.
For example, let’s say that someone is accused of committing a crime. The substantive law defines what behaviour is considered a crime and the punishment for that crime.
The procedural law outlines the process for investigating and prosecuting that crime, including the rights of the accused and the rules for gathering and presenting evidence.
Difference between Substantive and Procedural Law
| Category | Substantive Law | Procedural Law |
|---|---|---|
| Definition | Defines the rights and obligations of individuals and organisations | Outlines the process for resolving disputes and enforcing those rights and obligations |
| Focus | Deals with legal issues and disputes | Deals with the legal process itself |
| Examples | Criminal law, civil law, contract law | Civil procedure, criminal procedure, administrative procedure |
| Purpose | Defines what behaviour is legal or illegal and sets out punishments for illegal behaviour | Ensures that the legal process is fair and efficient |
| Sources | Statutes, regulations, case law | Rules and procedures created by administrative agencies, case law |
| Role | Provides a framework for determining legal liability | Provides a framework for resolving disputes and enforcing substantive law |
| Key Questions | What are the legal issue and the rights and obligations of the parties involved? | What is the process for resolving the legal issue and enforcing the rights and obligations of the parties involved? |
Who Creates Substantive Law And Procedural Law?
Both substantive and procedural law are created by different entities within the legal system. Legislative bodies, like Congress or state legislatures, create substantive law, often in statutes or regulations.
In addition to these law sources, substantive and procedural law can also be shaped and refined by case law, which is created by court decisions in specific legal cases.
Academic writing or other forms of legal scholarship can also contribute to the development of legal doctrine among judges and other legal professionals. Legal system actors and institutions are involved in creating substantive and procedural law.
What Are The Main Sources Of Substantive Law And Procedural Law?
In the legal system, substantive and procedural law are derived from various sources, reflecting their different roles. Legislation, such as those passed by National Assembly or state legislature, as well as administrative regulations, are the main sources of substantive law.
In addition to defining individuals’ and organizations’ rights and obligations, these laws establish the consequences of violating those rights and obligations. As a result of court decisions in specific legal cases, case law can also change and reform substantive law as time goes on.
In contrast, the main sources of procedural law include court rules, administrative regulations, and statutes that govern the procedures and processes used in legal disputes. These rules and procedures may be set out by administrative agencies, such as the Federal Rules of Civil Procedure, or by the judiciary, such as local court rules.
They are designed to ensure that legal disputes are resolved in a fair and efficient manner and to establish clear guidelines for how cases are handled at each stage of the legal process.
How Is Procedural Law Enforced?
To ensure that legal disputes are resolved efficiently and fairly, procedural law is enforced using a variety of mechanisms. In addition to using administrative agencies, courts, and other dispute resolution methods, legal rules and procedures have also been developed over time.
One key aspect of enforcing procedural law is using court systems and administrative agencies to resolve disputes. These institutions are responsible for hearing cases, collecting evidence, and making judgments based on applying relevant legal rules and procedures.
A legal sanction is another tool that can be used to ensure compliance with procedural law. These sanctions can include fines, penalties, or other forms of punishment for violating rules or engaging in illegal behaviour.
Can Substantive Law Be Challenged In Court? If So, How?
There are instances when substantive law can be challenged in court. These challenges typically involve arguments that the law violates the Constitution or other fundamental legal principles. A law considered discriminatory or infringing on individual rights can, for example, be challenged as unconstitutional by a court.
It is typical for litigants to file a lawsuit in a court with jurisdiction over a particular substantive law case. The lawsuit will usually set out the legal basis for the challenge and may seek to declare that the law in question is unconstitutional or otherwise invalid. The legal process will proceed, with each party presenting arguments and evidence to support its position.
Conclusion: Substantive Law vs Procedural Law
Substantive and procedural law are two essential components of the legal system. Substantive law outlines the rights and obligations of individuals and organisations, while procedural law outlines the process for resolving disputes and enforcing those rights and obligations.
Together, they ensure that justice is served and the legal process is fair and efficient. Whether you are a lawyer or simply someone who wants to understand the legal system, it is essential to have a basic understanding of these two critical components of the law.
