What is the concept of Remedial Law?
- The concept of Remedial Law lies at the very core of procedural due process,
which means a law which hears before it condemns, which proceeds upon inquiry
and renders judgment on
...
What is the concept of Remedial Law?
- The concept of Remedial Law lies at the very core of procedural due process,
which means a law which hears before it condemns, which proceeds upon inquiry
and renders judgment only after trial, and contemplates an opportunity to be heard
before judgment is rendered. Remedial Law is that branch of law which prescribes
the method of enforcing rights or obtaining redress for their invasion.
2. How are remedial laws implemented in our system of government?
- Remedial laws are implemented in our system of government through the pillars of
the judicial system, including the prosecutor service, our courts of justice and
quasi-judicial agencies.
3. Distinguish substantive law and procedural law.
- Substantive law is the part of the law which creates, defines or regulates rights
concerning life, liberty or property or the powers of agencies or instrumentalities
for the administration of public affairs while Remedial Law prescribes the methods
of enforcing those rights or obtaining redress for their invasion.
- As applied to criminal law, substantive law is that which declares what acts are
crimes and prescribes the punishment for committing them, as distinguished from
remedial law which provides or regulates the steps by which one who commits a
crime is to be punished.
- Substantive law creates vested rights while procedural law does not create vested
rights.
- Substantive law is prospective in application while procedural law is retroactive in
application.
- Substantive law cannot be enacted by the Supreme Court while the Supreme Court
is expressly empowered to promulgate procedural rules.
4. In an adoption case, the wife alone filed the petition without joining the husband. It was
granted, but that was under
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