Difference between substantive law and law of procedure
1. Introduction
Enacted law either substantive law or procedural law. Substantive laws are the body of rules which provide legal rights and responsibilities in civil laws as well as define the relationship between the people and the state. Substantive law consisted of written rules passed by the legislature of the state. Procedural laws are a body of rules which provide the process of proceedings of the court in criminal civil and administrative proceedings. The difference between these two is very important as every lawyer has to get in touch with them in their daily routine
2. Definition of Law of procedure
Procedural laws are a body of rules which provide the process of proceedings of the court in criminal civil and administrative proceedings.
3. Elements of procedural law
Following are the elements of procedural law
1. Summons
A summons is a paper issued by a court informing a person that a complaint has been filed against him/her. This is a form of legal process that instructs the defendant to appear before the court on a specific day and to answer the complaint made by the plaintiff.
2. Pleadings
The pleadings are every legal document which is filed in a case by parties according to their claims and defences, for the Judgment of the court
3. Proof
Proof is confirmation of the fact by evidence which is necessary data which helps the court make its decision for the case
4. Judgment
A judgement is the official and authentic decision of the court which can be in the form of a decision, opinion or sentence given by the court.
5. Execution
Execution is the use of physical force by the state to enforce the judicial decision of court which can be a death sentence or seizing of property etc.
4. Definition of Substantive law
Substantive laws are the body of rules which provide legal rights and obligations of the people as well as define the relationship between the people and the state
5. Difference between substantive and procedural law
Procedural law provides the process of how a case will go through. The procedural law determines how the proceedings will occur.
Substantive law defines how the facts in the case will be handled, as well as how the crime is to be charged Substantive law determines rights and procedural law determines the remedies “
Criticism of Salmond
The whole law of remedies does not belong to procedural law as a right to recover damages is a remedial right. But it belongs to substantive law and not law of procedure
1) Exclusive evidentiary fact
There is a rule that a contract can only be proved by writing. This rule relates to substantive law that a contract should be in writing. In this case, writing is the exclusive evidence of a contract. Procedure law is how a contract can be comprise
2) Conclusive evidentiary fact
Procedural law says that a child under the age of 8 cannot have a criminal intention And substantive law exempts such a child from punishment
3) Limitations of actions
The limitations of actions are the procedural prescription of rights. Procedural law destroys the bond between right and remedy and substantive law destroys the right itself after the expiry of the specified time
6. Other differences between substantive and procedural law
Following are the other differences between procedural and substantive law
1. As to purpose
The purpose of substantive law is to define the rights and obligations of the people Procedural Purpose of procedural law is to define the proceedings of the courts
2. Dealing with matters
Substantive law deals with matters outside of the courts Procedural law deals with matters inside the court
3. Supremacy
- Substantive law is supreme
- Procedural law is subordinate
4. Branch of law
Procedural law is a branch of law which provides the process for petitioners All the rest are substantive law
5. Subject matter
The subject matter of substantive law is to regulate the affairs controlled by the judicial proceedings. The subject matter of procedural law is to regulate the conduct of affairs in the judicial
proceedings
6. Facts constitute a wrong
Facts constitute a wrong as determined by substantive law
Facts constitute proof a wrong is a question of procedure
7. As to the abolition of punishment
The abolition of capital punishment is an alteration of substantive law. The abolition of imprisonment for debt is only an alteration of procedural law as the imprisonment for debt is only an instrument to enforce payment
8. As to connection
Substantive law is connected with the public at large
Procedural law is connected with the parties
9. Relation
Substantive law develops the relationship of the petitioner with the subject matter. Procedural law develops the relationship of the petitioner with the court in according with the subject matter
10. Appearance
Substantive law provides the substance of the law in the shape of the statute
Procedural law is the law of actions
7. Conclusion
Substantive law which defines our rights and duties is, of course, very important to us. Procedural law needs to be strictly followed. Legal researchers and law students simply need to understand that procedural laws are the rules for the legal “game” and they open the door for proceedings. When students prepare with the basic sources for finding and learning these rules, they are ready to enter