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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 ]
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.
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.
Issues identified as procedural include the following: By initiating the action before the forum court, the plaintiff is asking for the grant of the local remedies. This will not be a problem so long as the form of the relief is broadly similar to the relief available under the lex causae, i.e. the law selected under the choice of law rules ...
Procedural due process is required by the Due Process Clauses of the Fifth and Fourteenth Amendments to the United States Constitution. [ 1 ] : 617 The article "Some Kind of Hearing" written by Judge Henry Friendly created a list of basic due process rights "that remains highly influential, as to both content and relative priority."
Substantive rights involve a right to the substance of being human (life, liberty, happiness), rather than a right to a procedure to enforce that right, which is defined by procedural law. One example of substantive right is substantive equality .
These are aspects of procedural law. Other legal technicalities deal with aspects of substantive law, that is, aspects of the law that articulate specific criteria that a court uses to assess a party's compliance with or violation of, for example, one or more criminal laws or civil laws. [3]
Substantive resolutions apply to essential legal principles and rules of right, analogous to substantive law, in contrast to procedural resolutions, which deal with the methods and means by which substantive items are made and administered.