what is difference between due process of law and procedure established by law?
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Due process of law is the legal requirement that the state must respect all legal rights owed to a person whereas 'Procedure established by law' means that a law that has been enacted is only valid if it has followed the correct procedure of enactment.
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The Difference Between Policies and Procedures. A policy is a guiding principle used to set direction in an organization. A procedure is a series of steps to be followed as a consistent and repetitive approach to accomplish an end result. ... New Release of “How to Write a Policies and Procedures Manual” is now available.
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SUBSTANTIVE DUE PROCESS: whether the government has an adequate reason for taking away a person's life, liberty, or property. EQUAL PROTECTION: whether government's differences in treatment of people are adequately justified.
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Policies explain why something is done; procedures explain how something is done.
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As nouns the difference between law and right is that law is (uncountable) the body of rules and standards issued by a government, or to be applied by courts and similar authorities or law can be (obsolete) a tumulus of stones while right is that which complies with justice, law or reason.
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LAW refers to 'The body of rules and standards issued by a government, or to be applied by courts and similar authorities. ... LEGAL refers to 'Relating to the law or to lawyers. '
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Article 21 reads as - No person shall be deprived of his life or personal liberty except according to procedure established by law. Our Article 21 is mainly inspired from the American Constitution, but there they have 'Due Process of Law' in place of 'Procedure Established by Law'.
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Whereas human-made law regards law from the position of its origins (i.e. who it was that posited it), positive law regards law from the position of its legitimacy. Positive law is law by the will of whoever made it, and thus there can equally be divine positive law as there is man-made positive law.
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Civil procedure applies to the process where two parties bring a case to the court for a decision on a particular matter. ... Criminal procedure applies to the process where the state or federal government is arresting and trying someone for a crime that was committed.
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Due process balances the power of law of the land and protects the individual person from it. ... Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process) so that judges, instead of legislators, may define and guarantee fundamental fairness, justice, and liberty.
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While system is all about principles, method does not revolve around principles. This is the main difference between method and system. ... Method is based on procedure whereas system is based on plan. In other words it can be said that procedures determine methods.
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Due process is the principle that the government must respect all of legal rights a person is entitled to under the law. ... These laws are the written rules intended to guide people in our society. They are made by elected representatives. The courts settle disputes and the police enforce the laws.
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The phrase due process embodies society's basic notions of legal fairness. A first reading of the due process clauses of the Fifth and Fourteenth Amendments, which prohibit government from taking a person's "life, liberty or property without due process of law," suggests a limitation that only relates to procedures.
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due process: The limits of laws and legal proceedings, so as to ensure a person fairness, justice, and liberty. incorporation doctrine: The process by which American courts have applied portions of the US Bill of Rights to the states, using the Due Process Clause of the Fourteenth Amendment.
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7.2 Statute law and common law. The 'common law' means the substantive law and procedural rules that have been created by the judges through the decisions in the cases they have heard. ... Statute law, on the other hand, refers to law that has been created by Parliament in the form of legislation.
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Substantive due process is the notion that due process not only protects certain legal procedures, but also protects certain rights unrelated to procedure. ... Substantive due process has been interpreted to include things such as the right to work in an ordinary kind of job, marry, and to raise one's children as a parent.
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A methodology is an approach to “doing something” with a defined set of rules, methods, tests activities, deliverables, and processes which typically serves to solve a specific problem. ... A process is simply a well defined set of steps and decisions points for executing a specific task.