“Adjective law Merriam-Webster.com Legal Dictionary, Merriam-Webster, www.merriam-webster.com/legal/adjective%20law. Accessed September 29, 2022. Procedural law, adjective law, called in some jurisdictions the law of remedies, or judicial rules include the rules by which a court hears and determines what happens in civil, judicial, criminal or administrative proceedings. The rules are designed to ensure fair and consistent application of due process (in the United States) or basic justice (in other common law countries) in all cases brought before the courts. In Germany, the unity of procedure and content in the actio finally ended with the codification of the Civil Code (BGB), which entered into force on 1 January 1900. The term claim (§ 194 BGB) – which means “claim” – has been “exempted” from procedural elements. And it was time for the “establishment” of the terms formal/substantive law. After the Second World War, however, the term formal law clearly proved to be “contaminated” and was largely replaced by procedural law, reducing the underlying idea to “procedural law” (thus excluding, for example, the law of other procedures and the law of jurisdiction). In the context of procedural law, procedural rights may also not relate exhaustively to the right to information, access to justice and the right to counsel, the right to public participation, the right to confront prosecutors, as well as the fundamental presumption of innocence (which means that the Public Prosecutor`s Office must regularly discharge the burden of proof, although different jurisdictions have different exceptions). with these rights, which include general civil and political rights.
In environmental law, these procedural rights are reflected in the UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, known as the Aarhus Convention (1998). The term “procedural law” as opposed to “substantive law” is a term available in different jurisdictions and languages. Similar to English expressions, the Spanish words are derecho adjetivo and derecho material or derecho sustantivo, as well as the Portuguese terms for them, direito adjetivo and direito substantivo. Other ideas gave rise to the German expressions formal law (or procedural law) and substantive law, as well as French formal law/substantive law, Italian diritto formale/diritto materiale and Swedish rätt/materiell rätt formel; All this means, literally, “formal” law and “substantive” law. The same opposition is found in the Russian legal vocabulary, with материальное право for substantive law and процессуальное право for procedure. Similar to Russian, in Bulgarian “материално право” means substantive law and процесуално право is used for the procedure. In Chinese, “procedural law” and “substantive law” are represented by these signs: “程序法” and “实体法”. In short, substantive law is based on legal or written laws adopted by the legislator. Procedural law defines the measures to be taken in the context of due process.
Although different legal procedures aim to resolve many types of disputes, legal procedures have some common features. All legal proceedings, for example, deal with due process. Without very specific conditions, a court cannot impose a civil or criminal sanction on a person who has not been notified of a prosecution against him or who has not had a fair opportunity to present evidence for himself. In several paragraphs, write an essay explaining the role of due process in procedural law. Civil law differs from criminal law in that it applies to interactions between citizens. Instead of dealing with crimes, civil law deals with offenses or acts that are not necessarily illegal, but have proven to be harmful in one way or another. For example, if you sue a neighbour for cutting down a tree and letting it land on your home, it would be a tort case, not a criminal case involving criminality. Even the scientific treatment of law, which developed in the Middle Ages in the new universities in Italy (especially in Bologna, Mantua), did not arrive at a complete and clear separation. (The English system of “writs” in the Middle Ages had a similar problem to the Roman tradition with actio.) Write a multi-paragraph essay in which you define substantive law, and then give an example of what it is and how it works.