Question

In: Psychology

Procedural law defines the conditions under which justice actors must act. Substantive law defines crime and...

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?

Solutions

Expert Solution

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.


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