SUBSTANTIVE / PROCEDURAL LAW

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SUBSTANTIVE LAW

Law in the process of regulating human behaviours. It recognizes and confers certain rights and, imposes certain duties, and enforces such rights and duties in the name of justice. The law which creates, defines and enforces legal rights and duties that law known as substantive law. So it is related to the rights and duties of a people in society. For example, every person has the rights to make profit from the legal business, notice to be given before making an arrest, a person has right to use the property which is in his lawful possession, etc. Thus, the substantive law deals with the rights and duties given to a person the consequences or end result of failure to perform duties and of misuse the rights so created. The remedies available if such rights and duties are breached or violated. Thus, the substantive law provides and guarantees the rights, duties and remedies.

PROCEDURAL LAW

By contrast to the substantive law, the procedural law creates and defines a mechanism or way by which the rights and duties are enforced by the legal institutions. To provide rights and remedies is not sufficient and has no effect if there is no effective way to achieve the remedies. The procedural law deals with the way and manner of achieving remedies, protecting rights and imposing the duties when the rights established by substantive law are broken. When the rights and duties are broken, while providing remedies the procedural law guides us. Where we have to go to get remedies, when and who we should go; and how we should collect and produce the evidence to establish our claim. Thus, the procedural law deals with the process of achieving the remedies when our interests are jeopardized or put in stake or danger.