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Substantive law defines rights and responsibilities in civil law, and crimes and punishments in criminal law, [1] substantive equality or substantive due process. It may be codified in statutes or exist through precedent in common law. Substantive laws, which govern outcomes, are contrasted with procedural laws, which govern procedure.
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 ensuring that adjudication processes, under valid laws, are fair and impartial.
J H C Morris. "Law of Procedure". The Conflict of Laws. Third Edition. Stevens and Sons. London. 1984. ISBN 0-420-46890-0. Part 8, which consists of chapter 29 ("Substance and procedure"), at pages 453 to 466. A E Anton. "Procedure". Private International Law: A treatise from the standpoint of Scots law. (Scottish Universities Law Institute). W ...
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.
Shipley, David E. Due Process Rights Before EU Agencies: The Rights of Defense Article discussing the procedural safeguards that have been recognized in the EU and the parallels between procedural due process in the United States and the rights of defense in the EU. Sudbury Valley School (1970). Due Process of Law in School [broken anchor]. A ...
Substantive equality is a substantive law on human rights that is concerned with equality of outcome for disadvantaged and marginalized people and groups and generally all subgroups in society. [ 2 ] [ 3 ] Scholars define substantive equality as an output or outcome of the policies, procedures, and practices used by nation states and private ...
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 ...
Procedural due process requires government officials to follow fair procedures before depriving a person of life, liberty, or property. [ 23 ] : 657 When the government seeks to deprive a person of one of those interests, procedural due process requires the government to afford the person, at minimum, notice, an opportunity to be heard, and a ...