procedural law
Sign in to saveAlso known as rules of procedure, procedural rules, court procedures, legal procedure
the sum of the legal norms in court procedures
Wikidata facts
- Instance of
- area of law
- Subclass of
- convention
- Has part
- civil procedure
Show 2 more facts
- topic's main category
- Category:Legal procedure
- Commons category
- Legal procedure
Sources (3)
via Wikidata · CC0
~7 min read
Encyclopedic overview
Procedural law, adjective law, in some jurisdictions referred to as remedial law, or rules of court, comprises the rules by which a court hears and determines what happens in civil, lawsuit, criminal or administrative proceedings. The rules are designed to ensure a fair and consistent application of due process (in the U.S.) or fundamental justice (in other common law countries) to all cases that come before a court.
Substantive law, which refers to the actual claim and defense whose validity is tested through the procedures of procedural law, is different from procedural law. In the context of procedural law, procedural rights may also refer not exhaustively to rights to information, access to justice, and right to counsel, rights to public participation, and right to confront accusers, as well as the basic presumption of innocence (meaning the prosecution regularly must meet the burden of proof, although different jurisdictions have various exceptions), with those rights encompassing general civil and political rights. In environmental law, these procedural rights have been reflected within 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).
Excerpted from Wikipedia’s “procedural law” article, available under the CC BY-SA 4.0 licence.