Procedural Law

(redirected from Procedural right)
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Procedural Law

 

those norms of a legal system that regulate relations that develop during the investigation of crimes and the hearing and resolution of criminal and civil cases. Procedural law is inseparably linked with substantive law because the former establishes the procedures that are necessary to exercise and defend the latter. There are two basic forms of legal proceedings: civil and criminal. Soviet procedural legislation establishes truly democratic methods of conducting fair trials on the basis of the principle of socialist legality.

References in periodicals archive ?
101) A procedural right is an "ancillary, remedial tool[] that help[s] secure the substantive right.
This approach can also find some basis in the Lujan decision, where the Supreme Court held that "[t]here is this much truth to the assertion that 'procedural rights' are special: the person who has been accorded a procedural right to protect his concrete interests can assert that right without meeting all the normal standards for redressability and immediacy.
Instead of turning on whether the judge has discretion in imposing sentence, the determination whether a procedural right should be required at sentencing ought to depend on the reason for the procedure.
The article examines how procedural rights at the international level can engender domestic law reform that limits or expands women's access to lawful abortion services, serving conservative or progressive ends.
63) The fact that the applicant could only be dismissed for cause and by a super majority further suggested that procedural rights should attach.
been granted the procedural right to protect their interests and (2)
that expanding the procedural right in question will not meaningfully
And interestingly, the earliest uses of habeas corpus also do not stand for such a broad fight as due process, but only for the fight to challenge one's imprisonment, a purely procedural right.
That "[a]ll rights or rights-related entitlements do not need to be subject to identical or equivalent processes of implementation and enforcement," does not contradict the claim for equality in the procedural right of standing (to both investor and Impacted NSA).
There is this much truth to the assertion that "procedural rights" are special: The person who has been accorded a procedural right to protect his concrete interests can assert that right without meeting all the normal standards for redressability and immediacy.
It is highly unlikely that a victim would chance seeing an offender go free merely to enforce a procedural right.