Procedural law is the set of rules that regulate competition, jurisdiction, process, and judicial action. It outlines the legal framework for the development of a judicial procedure with all the guarantees.
Procedural law began to be an autonomous legal science in the mid-nineteenth century. It begins to be studied as a branch of individual law by the German doctrine that carries out a study of the main problems related to the law of procedural action and with the process from a theoretical point of view and away from private law.
Until then, the legal science that constitutes procedural law was studied jointly with civil law.
Likewise, this law is one of the large groups of norms in which all positive law differs. This positive law is about the set of rules (conducts that must be followed) written and that govern a country.
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The basic branches in which positive law is differentiated are criminal law, civil law, administrative law, labor law, commercial law, and constitutional law. What Is An Example Of A Procedural Law?
Characteristics of procedural law
The main characteristics of this right are:
- It is a public right, that is, it establishes rights and obligations that are of public interest.
- Its recipients will be all those natural or legal persons who want to resort to judicial proceedings.
- Its main function is to define a legal security framework so that people know what their rights are and what their obligations are during the judicial process.
- The main source of procedural law and which includes all the general rules of this right are the laws of prosecution.
- This law has two very different branches, civil procedural law and criminal procedural law.
- It is not a right that establishes material rights or obligations, such as civil law. A procedural right will never grant the right to open the inheritance, for example, or the acquisition of nationality. All the rights granted are related to the trial, for example, the right to present evidence, and to request the testimony of an expert.
What regulates procedural law?
The procedural rules regulate:
- Jurisdiction: Jurisdiction is the role and power that judges have to resolve disputes that come to trial within their jurisdiction. The procedural norm will be in charge of establishing which judges will take charge of which cases.
- Procedural action: The right of citizens to go before the judicial bodies to request the resolution of a conflict. It is the means to judicialize a conflict.
- Process: Establishes the rights and obligations, possibilities and charges that arise throughout a process, which give rise to successive procedural situations. It is the set of procedures or acts carried out before a judicial authority to resolve a conflict between several parties. It establishes the requirements so that the resolution of a conflict can be carried out by a judge or court with all the guarantees for both parties.
Interpretation of procedural laws. interpretation system. The analogy in civil procedural law and criminal procedural law. Judicial policy systems.
INTERPRETATION OF PROCEDURAL LAWS: Interpretation should be understood as the activity aimed at investigating and clarifying the legal norm, with the purpose of seeking the orientation of the thought contained therein and the object pursued by the legislator; the interpretation, has as a characteristic function to establish the meaning and scope of the law, not proceeding mechanically, but through a certain logical process, where all the possibilities of the legal precept are considered; interpreting, not only those norms whose content is obscure but also those that are clear, with the specific design of deducing from the broad and general terms in which it is conceived, all the useful consequences in the needs demanded by the legal trade, which the judge is obligated to satisfy.(articles 26 and 257 of the Constitution of the Bolivarian Republic of Venezuela .)
The elaboration by the legislator of the norm is the result of an extensive study of both grammatical and legal; the first achieved through a refined syntax, which allows one to clearly know what its true meaning is so that it is easily perceived by the community, for which it has been dictated; and the second, that is, the legal one, revealing the preceding elements, which indicate its course and orientation within the prevailing legal system.
“To interpret a norm is to establish its meaning, but that meaning is decisive for legal life and also, therefore, for the judicial solution. learning music