Definition Of Procedural Law

Jurisprudence: derived from the Latin expression juris prudential, means skill in the law or knowledge of the law.

Law: Salmond: laws are interests recognized and enforced by the course of law in the administration of justice”. Or law is a formal means of social control that involves the use of rules that are interpreted and are enforceable by the court of political community.

Sustentative and Procedural Law: substantive law that creates, discovers, and defines the rights and obligations of each person in society. And the procedural law is activated and the course follows the steps laid down in the procedural law. Substantive law defines rights and remedies and procedural law defines the modes and conditions of the application of these.

The creation of valid law depends on the existence of certain social facts.

2. The validity of law depends upon acceptance by official certain criteria of validity as authoritative.

3. There is no overlap between law and morality.

Hart’s theory of Primary and Secondary Rules: Hart started with criticism over Austin theory of command. That Austin’s theory accounts at most for one kind of rule, primary rules or the obligation creating rules that require or prohibit certain kinds of behavior. He statted that primary rules are those that create direct obligation like the rules for murder, theft, extortion and so on. Secondary rules exist at t different level from the primary rules, for they are all about such rules. While primary rules are concerned with the actions that individuals must or must not do, secondary rules are all concerned with the primary rules themselves, they specify the way in which the primary rules may be conclusively ascertained, introduced. Hart distinguishes three types of secondary rules that mark the transition from primitive forms of law to full-blown legal

The rule of recognition through which the rules of the system are recognized.

2. The rule of change, which enables a society to add, removes and modifies valid rules.

3. The rules of adjudication, which provides a mechanism for determination whether a valid rule has been violated.

Hart maintains that a full-blown legal system necessarily has primary rules, power-conferring rules and secondary rules. Law according to him is the union of primary and secondary rules. Primitive systems have only primary rules. Law exists when rules of recognition specifying the criteria of legal validity and its rules of change and adjudication must be effectively accepted as common public standards of official behavior by its officials.

Legislative: is that source of law which consists in the declaration of legal rules by a competent authority.

Treaty: is an agreement entered into by countries, nations, or other legal persons recognized in international law, if only two nations or other international persons are the contracting parties, the treaty are called bilateral. If more than two are involved it is usually called