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Difference between Procedural and Substantive Law

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S. No.

 

Procedural Law

 

Substantive Law

         
1)   Procedural laws are body of rules prescribing the form and order of enforcement.   Substantive law talks about the definition and regulation of people’s duties, rights and power.
         
2)   Procedural laws cannot function independent of substantive laws.   Substantive laws function independently.
         
3)   Procedural laws cannot decide the fate of the case.   Substantive law tells us who will win the case and what compensation he is bound to get.
         
4)   Procedure describes the process in which the case should proceed.   It defines handling of the case and how the crime is to be charged.
         
5)   It is more about modus operandi of executing the law.   It provides legal solution to the problem or the case.
         
6)   This law talks about the method in which the procedural laws are made and administered.   This law talks about the legal relationship between people themselves and with the state.
         
7)   Procedural laws deal with fairness and transparency of executing substantive laws.   Substantive laws stands in contrast to procedural laws, which prescribes the rules in which the court proceeds hearing the case.
         
8)   Procedural laws refer to the fairness involved in resolving the disputes and related resources.   Substantive law defines the crime, punishment, rights and responsibilities of the case and related parties.
         
9)   Procedural laws are connected with fundamental and natural justice.   Substantive law identifies the stronger side of the case and the remedies available to either parties of the case.
         
10)   Procedural laws can also be applied to non legal contexts.   Substantive laws apply only to a legal context.
         
11)   A procedural law answers the ‘how’ of a substantive law.   A substantive law refers to all kinds of public and private laws.

 
 
 
 
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