In: Psychology
Procedural law defines the conditions under which justice actors
must act. Substantive law defines crime and punishment for that
crime.
Which of these - procedural or substantive - do we emphasize in our
constitution and why would we have made that choice?
We emphasize substantive law because procedural law is nothing
but an add-on of substantive law. The law which defines rights and
liabilities is known as substantive law. It is so
called because it puts in a clear-cut and precise form the
substance of the subject
matter for enforcing which the courts of law and the officers of
law exist. The
function of substantive law is to define, create or confer
substantive legal rights
or legal status or to impose and define the nature and extent of
legal duties or liabilities. Substantive law define,in regard to a
specific subject the legal rights and relationships of people among
themselves or their relationship with other.people or between them
and the State. Any wrong done by an individual, group of persons or
the state against the other(s) will make the wrong-doer
accordingly
liable to the others. Wrongs may be either civil or criminal.
Substantive law
refers to all categories of public and private law, including the
law of contracts,
property, torts and crimes of all kinds.
Because it puts in a clear-cut and precise form the substance of
the subject
matter for enforcing which the courts of law and the officers of
law exist. The
function of substantive law is to define, create or confer
substantive legal rights
or legal status or to impose and define the nature and extent of
legal duties or liabilities.