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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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.
Table of Content
- What is Substantive Law?
- What is Procedural Law?
- Difference between Substantive and Procedural Law
- Conclusion
- Difference between Substantive and Procedural Law-FAQs