Procedural law

Procedural law is that the rules of law relating to due process. The main areas are

  • Procedural law that affects court proceedings, with the main division in civil litigation (or civil procedure ) law, penal (or criminal ) legal, administrative procedural law (note: in this case, is the administrative procedural law is not a synonym ).
  • Administrative procedural law, the non-judicial state procedures ( administrative procedures ) concerns.

Procedural law is systematically part of the public law. The litigation is in legal practice and training, however, each associated with the field of substantive law to which it refers. For example, belongs to the civil (or private ) law ( systematically the opposite of public law ) Civil Litigation ( systematic part of public law ).

Procedural law is the so-called " clotted constitutional law ", which means that the basic principles of the Constitution are realized by the individual methods and rules made ​​applicable to the individual case. The procedural law guarantees the justice shaped the course of the procedure. Violations of procedural law are always justiciable, but run without a grievance for the person concerned to any claims. Basis of procedural law is the principle of equality (Article 3 of the Basic Law ), the right to be heard ( Article 103 § 1 of the Basic Law ) and to the courts ( Article 19 paragraph 4 of the Constitution ).

The procedural law includes rules for all state procedures (as well as in the broader sense also private methods such as arbitration courts, club house complaints chambers, etc.).

Historically, the process of laws are of the greatest importance. The procedural laws regulate usually several stages of the procedure. The Code of Criminal Procedure governs not only investigation, intermediate and main method, but also parts of the enforcement procedure. Similarly, the Code of Civil Procedure governs procedure in addition to the knowledge and the enforcement proceedings. Basic parts of procedural law are regulated in Judicature Act.

For procedural law but also includes provisions relating to the electoral process, the voting process and the legislative process.