Final answer:
Substantive law defines rights and duties, whereas procedural law outlines the processes for enforcing legal rights in the courts. Due process ensures fair application of both kinds of laws.
Step-by-step explanation:
Difference Between Substantive Law and Procedural Law
The distinction between substantive law and procedural law is central to the functioning of the legal system. Substantive law defines the rights and duties of people and collective bodies. It encompasses laws that stipulate how people are expected to behave according to societal standards and includes various legal protections and definitions of legal obligations. For example, substantive law will define what constitutes a breach of contract or what is considered a crime.
On the other hand, procedural law provides the mechanism for enforcing those rights and obligations. It lays out the steps for how legal cases move through the court system. This includes the rules for filing complaints, the process of evidence gathering, court procedures, and the timing of court proceedings. An example of procedural law is the rules of evidence, which determine what evidence is admissible in court.
The concepts of due process and the rule of law are closely linked with both substantive and procedural laws. Due process is a constitutional guarantee, ensuring both fair legislative procedures and a fair application of the substantive laws. It holds governments accountable to respect all legal rights that are owed to a person.
In conclusion, while substantive law details the actual claims and defenses whose validity is tested through the legal system, procedural law sets out the steps by which one can enforce or challenge substantive legal rights.