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Substantive due process addresses a law's fairness, while procedural due process addresses how a law is implemented.

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Elise Greenholt

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3y ago

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Related Questions

Is the procedural law more important than the substantive law?

Neither procedural law or substantive law are more important than the other. All crime needs to have a known punishment (substantive) and a proper way to get to that punishment (procedural).


What are the kinds of due process?

The two categories of due process are substantive due process and procedural due process. Substantive due process relates to liberty interests protected by the Constitution; procedural due process ensures legal proceedings are conducted in a fair and consistent manner.For more information, see Related Questions, below.


How do procedural due process and substantive due process?

NO


What is substantive restraints?

Substantive restraints are procedural restraints used when consulting the US Bill of Rights. Substantive restraints are not usually physical restraints.


What law requires public schools to hold a hearing before a student is expelled is it Substantive or procedural?

procedural


What is procedural and substantive aspect of democracy in respect to pol.sc.?

az


How do procedural due process and substantive due process differ?

Procedural due process has to do with the how (the procedures, the methods) of governmental action. Substantive due process involves the what (the substance, the policies of governmental action).


When The most important difference between procedural and substantive due process is that?

Procedural due process deals with governmental methods and how they are used, whereas substantive due process deals with the fairness of laws.


What is the substantive law?

Substantive law is the statutory or written law that governs rights and obligations of those who are subject to it. Substantive law defines the legal relationship of people with other people or between them and the state. Substantive law stands in contrast to procedural law, which comprises the rules by which a court hears and determines what happens in civil or criminal proceedings. Procedural law deals with the method and means by which substantive law is made and administered. The time allowed for one party to sue another and the rules of law governing the process of the lawsuit are examples of procedural laws. Substantive law defines crimes and punishments (in the criminal law) as well as civil rights and responsibilities in civil law. It is codified in legislated statutes or can be enacted through the initiative process. Another way of summarizing the difference between substantive and procedural is as follows: Substantive rules of law define rights and duties, while procedural rules of law provide the machinery for enforcing those rights and duties. However, the way to this clear differentiation between substantive law and, serving the substantive law, procedural law has been long, since in the Roman civil procedure the actio included both substantive and procedural elements.


Which fourteenth amendment clause has been divided into procedural substantive?

due process


What principle is the lawyer relying on to question the new law?

substantive due process


When a law requires public schools to hold a hearing before a student is expelled is it a Substantive law or Procedural law?

It's substantive due process.

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