Substantive rights

Substantive rights

Substantive rights
#Typeoflegalrights
Substantive rights are basic human rights possessed by people in an ordered society and include rights granted by natural law as well as substantive laws. Substantive rights involve a right to the substance of being human (life, liberty, happiness), rather than a right to a procedure to enforce that right, which is defined by procedural law. One example of substantive right is substantive equality. Substantive equality is concerned with equality of outcome for all subgroups in society including disadvantaged and marginalized groups.


Substantive law
Law governing societal behavior
Substantive law is the set of laws that governs how members of a society are to behave

Substantive Law vs. Procedural Law: Definitions and Differences, Study.com


It is contrasted with procedural law, which is the set of procedures for making, administering, and enforcing substantive law. Substantive law defines rights and responsibilities in civil law, and crimes and punishments in criminal law, substantive equality or substantive due process. It may be codified in statutes or exist through precedent in common law. Substantive laws, which govern outcomes, are contrasted with procedural laws, which govern procedure.


Substantive due process
Legal principle
Substantive due process is a principle in United States constitutional law that allows courts to establish and protect substantive laws and certain fundamental rights from government interference, even if they are unenumerated elsewhere in the U.S. Constitution


Courts have asserted that such protections come from the due process clauses of the Fifth and Fourteenth amendments to the U.S. Constitution, which prohibit the federal and state governments, respectively, from depriving any person of “life, liberty, or property, without due process of law

Substantive due process is to be distinguished from procedural due process. The distinction arises from the words “of law” in the phrase “due process of law”. Procedural due process protects individuals from the coercive power of government by ensuring that adjudication processes, under valid laws, are fair and impartial

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