Difference between Substantive and Procedural Law

Substantive law and Procedural law are two essential legal disciplines that fulfill distinct functions. While Substantive law establishes the rights and duties of people and organizations, Procedural law controls the processes and guidelines that control the conduct of legal proceedings. In the vast field of legal studies, knowing the difference between Substantive and Procedural law is crucial. Even though they all cohabit inside the legal system, each of these sectors has distinctly separate roles that contribute to the system’s functionality.

What is Substantive Law?

The real rights and duties of people and organizations are the focus of substantive law. It outlines the legislative rules that specify acceptable social behavior as well as the penalties for breaking them. This includes laws about family law, contracts, property law, civil rights, etc. The framework that governs the functioning of the legal system is known as substantive law. It lays forth each person’s responsibilities, rights, obligations, and privileges. It also serves as the foundation for legal actions and defenses in both civil and criminal contexts. Typically, substantive laws come from various sources, such as the pre-existing common law concepts that are codified in statute legislation, constitution, court rulings in instances with comparable details and situations, and treaties that specify the parameters of the law also give rise to substantive laws.

Key Features of Substantive Law:

• Substantive laws pertain to the domains of law that delineate an individual’s rights, duties, and permissible actions.
• These laws have the autonomous authority to rule in every situation.
• The legal framework around any crime, including the manner in which the case will be handled and the precise penalties that will be meted out, is determined by substantive laws.

What is Procedural Law?

Adjective law, another name for procedural law, describes the steps that courts must take in order to decide civil, criminal, and administrative issues. It is a collection of guidelines and precepts that control how cases go through the legal system. This covers the initiation of a lawsuit or case, the necessary forms of process serving, the kinds of pleas or motions that can be filed, and the admissible evidence. Ensuring justice, fairness, and uniformity in the legal process is the goal of procedural law. By outlining the procedure, it protects each person’s right to a fair trial and guarantees that all parties have an equal chance to make their case. The Constitution is the main source of procedural legislation. Other places where procedural laws can be found are legislations, written policies, various guidelines, case decisions, etc.

Key Features of Procedural Law:

• The methods and procedures by which substantive laws can be enforced are outlined by procedural laws.
• They lack the autonomous authority to make decisions in any situation.
• These laws govern the legal process, which is occasionally implemented in extralegal situations like the filing of lawsuits or the course of any case.

Difference between Substantive and Procedural Law

Basis	Substantive Law	Procedural Law
Meaning	The law that lays out each party’s responsibilities and rights is known as substantive law.	A procedural law is a body of legislation that outlines the methods, processes, and tools used to impose obligations and rights.
Governs	How ought individuals to act?	How do legal cases proceed?
Concerned with	Fixation of citizens’ rights and obligations.	Worried about the methods and strategies for enforcing substantive law.
Power	Independent authority to determine a case’s outcome.	Absence of independent powers.
Context	Only applicable in a legal environment.	Applicable both in a legal and non-legal context.
Capacity	Substantive laws has the ability to determine how a legal action will progress.	Procedural laws have the authority to specify the routes that any legal action must take.
Governance	By a parliamentary act.	By a statute.
Defines	Parties’ rights and the penalty for wrongdoers.	Filing and pursuing legal actions, both civil and criminal.
Relates to	Things not covered by the court.	With things inside the court.

Conclusion

Within the legal system, substantive and Procedural law are two separate legal disciplines with differing functions. Despite their tight relationship, they differ in terms of their scope, purpose, and penalties for infractions. Laws, both substantive and procedural, are crucial to the administration of justice. The rights and responsibilities of individuals toward the state and one another are covered by substantive laws. These statutes also address the goals and topics of the legal disputes. Procedural laws, on the other hand, oversee and control the legal procedures in every given case. The laws pertaining to procedure and substance are complimentary to one another.

Substantive and Procedural Law-FAQs

Is the law of the Constitution procedural or substantive?

Both substantive and procedural law in India are guided by constitutional law.

In criminal proceedings, how does procedural law safeguard the accused’s rights?

Due process rights, such as the right to counsel, the presumption of innocence, the right to stay silent, and the opportunity to question witnesses, are guaranteed to the accused under procedural law.

What is the relationship between substantive law and procedural law?

To ensure speed and justice in the handling of legal cases, procedural law establishes the guidelines and procedures. Within the procedural framework, substantive law establishes the fundamental rights, duties, and precepts that serve as the foundation for legal proceedings.

What are some examples of substantive law?

Laws pertaining to property ownership, contract creation, intellectual property rights, employment rules, and criminal crimes are a few examples of substantive laws.

What other names are there for procedural laws?

Since procedural laws constitute the rules by which a court should hear and judge the events in civil, legal, criminal, or administrative procedures, they are also known as remedial laws or rules of court.

Also refer to: Difference between Criminal Law and Civil Law

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