Substantive &
Procedural Law Difference?
Substantive law and procedural law are two fundamental
aspects of the legal system, and they serve distinct purposes in the
administration of justice. Here are the key differences between substantive law
and procedural law:
1. Nature:
· Substantive Law:
Substantive law defines the rights, duties, and legal obligations of
individuals or entities. It outlines what behaviors and actions are lawful or
unlawful, and it provides the legal standards for resolving disputes.
· Procedural Law:
Procedural law, on the other hand, prescribes the rules and processes that must
be followed when enforcing substantive laws. It governs how legal actions and
cases are initiated, conducted, and resolved.
2. Focus:
· Substantive Law:
The focus of substantive law is on the substance or content of the legal rights
and obligations of parties. It deals with issues like liability, property
rights, and criminal offenses.
· Procedural Law:
Procedural law focuses on the methods, procedures, and rules used to enforce or
protect substantive legal rights. It dictates how legal actions and lawsuits
proceed through the legal system.
3. Content:
· Substantive Law:
Substantive law comprises the actual legal rules, principles, and standards
that govern conduct and establish legal rights. For example, contract law, tort
law, criminal law, and property law are examples of substantive law.
·
Procedural Law:
Procedural law contains rules for filing lawsuits, gathering evidence,
presenting cases in court, and appealing decisions. Examples include rules of
civil procedure, rules of evidence, and rules for initiating a lawsuit.
4. Purpose:
· Substantive Law:
The purpose of substantive law is to establish and protect the rights and
obligations of individuals and entities. It defines what is legal and what is
not, and it provides remedies for violations of those rights and duties.
· Procedural Law:
Procedural law serves to ensure that legal proceedings are conducted fairly and
consistently. It sets out the process for resolving legal disputes and includes
rules for evidence, court jurisdiction, and the rights of parties in legal
proceedings.
5. Outcome:
· Substantive Law:
Substantive law determines the outcome of a case by deciding who is right or
wrong and what remedies or penalties are appropriate based on the underlying
legal principles.
·
Procedural Law:
Procedural law guides how a case moves through the legal system, including how
evidence is presented, how cases are argued, and how judgments are enforced.
6. Examples:
· Substantive Law:
Examples of substantive laws include contract law, criminal law, property law,
family law, and intellectual property law.
·
Procedural Law:
Examples of procedural laws include rules of civil procedure, rules of
evidence, appellate procedures, and rules for service of process.
In summary, substantive law defines the substance of legal
rights and obligations, while procedural law outlines the processes and rules
for enforcing and protecting those rights in the legal system. Both are
essential components of the legal system, working together to ensure that
justice is served.
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