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Substantive law is the set of laws that governs how members of a society are to behave. [1] It is contrasted with procedural law , which is the set of procedures for making, administering, and enforcing substantive law. [ 1 ]
In Chinese, "procedural law" and "substantive law" are represented by these characters: "程序法" and "实体法". In Germany, the expressions formelles Recht and materielles Recht were developed in the 19th century, because only during that time was the Roman actio split into procedural and substantive components.
Substantive equality is concerned with equality of outcome for all subgroups in society including disadvantaged and marginalized groups. [ 1 ] [ 2 ] [ 3 ] Substantive rights are contrasted with procedural rights , which are purely formal rules of law that only prescribe how a law ought to be enforced, rather than defining the outcome of a law.
Substantive due process is to be distinguished from procedural due process. The distinction arises from the words "of law" in the phrase "due process of law". [3] Procedural due process protects individuals from the coercive power of government by
American lawyers draw a fundamental distinction between procedural law (which controls the procedure by which legal rights and duties are vindicated) [73] and substantive law (the actual substance of law, which is usually expressed in the form of various legal rights and duties).
Conflict of laws in the United States is the field of procedural law dealing with choice of law rules when a legal action implicates the substantive laws of more than one jurisdiction and a court must determine which law is most appropriate to resolve the action. In the United States, the rules governing these matters have diverged from the ...
A procedural legitimate expectation rests on the presumption that a public authority will follow a certain procedure in advance of a decision being taken, while a substantive legitimate expectation arises where an authority makes a lawful representation that an individual will receive or continue to receive some kind of substantive benefit.
Choice of law is a procedural stage in the litigation of a case involving the conflict of laws when it is necessary to reconcile the differences between the laws of different legal jurisdictions, such as sovereign states, federated states (as in the US), or provinces.