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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.
Section 551 of the Administrative Procedure Act gives the following definitions: . Rulemaking is "an agency process for formulating, amending, or repealing a rule." A rule in turn is "the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy."
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 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 ...
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 ...
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 ...
The Due Process Clause prohibits state and local governments from depriving persons of life, liberty, or property without a fair procedure; the Supreme Court has ruled that this clause makes most of the Bill of Rights as applicable to the states as it is to the federal government, as well as to recognize substantive and procedural requirements ...