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"Procedural law" in contrast to "substantive law" is a concept available in various legal systems and languages. Similar to the English expressions are the Spanish words derecho adjetivo and derecho material or derecho sustantivo , as well as the Portuguese terms for them, direito adjetivo and direito substantivo .
Ronald Dworkin, Principle, Policy, Procedure in A Matter of Principle (1985). Louis Kaplow, The Value of Accuracy in Adjudication: An Economic Analysis, 23 Journal of Legal Studies 307 (1994). Bruce Hay, Procedural Justice--Ex Ante vs. Ex Post, 44 UCLA Law Review 1803 (1997). John Rawls, A Theory of Justice (1971).
"Institutional Settlement." As the name suggests, the legal process school was deeply interested in the processes by which law is made, and particularly in a federal system, how authority to answer various questions is distributed vertically (as between state and federal governments) and horizontally (as between branches of government) and how this impacts on the legitimacy of decisions.
Typically, legal theorists and philosophers consider four distinct kinds of justice: corrective justice, distributive justice, procedural justice, and retributive justice. [1] Corrective justice is the idea that liability rectifies the injustice one person inflicts upon another (found in modern day contract law). [2]
Policy analysis or public policy analysis is a technique used in the public administration sub-field of political science to enable civil servants, nonprofit organizations, and others to examine and evaluate the available options to implement the goals of laws and elected officials.
Rooted in the principle of natural justice, procedural legitimate expectation protects procedural interests of the individual in public law. Although procedural expectations by applicants may manifest in various forms, they are all aspects of the "right to a hearing", [ 40 ] which an individual affected by a decision enjoys. [ 42 ]
Political ethics (also known as political morality or public ethics) is the practice of making moral judgments about political action and political agents. [1] It covers two areas: the ethics of process (or the ethics of office), which covers public officials and their methods, [2] [3] and the ethics of policy (or ethics and public policy), which concerns judgments surrounding policies and laws.
Modern civil law systems essentially derive from legal codes issued by Byzantine Emperor Justinian I in the 6th century, which were rediscovered by 11th century Italy. [80] Roman law in the days of the Roman Republic and Empire was heavily procedural, and lacked a professional legal class. [81] Instead a lay magistrate, iudex, was chosen to ...