Introduction
Law is a system of rules and principles established to regulate human conduct within a society. It prescribes what individuals, institutions, and governments may or may not do. To better understand its scope and operation, law is classified into various branches based on function, source, and area of operation. Among these classifications are Substantive and Procedural Law, Municipal and International Law.
SUBSTANTIVE LAW AND PROCEDURAL LAW
Substantive law comprises the rules of law and legal principles that define the existence and extent of a right or liability in any branch of law. It is concerned with the creation, definition, and limitation of rights and obligations.
Examples include:
- The question of validity in Contract Law,
- The elements of an offence in Criminal Law, and
- The capacity to contract a marriage in Family Law.
These are all aspects of substantive law because they determine the rights and duties of individuals and entities.
Procedural law, on the other hand, deals with the methods and processes for enforcing those rights and obligations. It provides the rules by which an action is brought, conducted, and disposed of in court. It governs how to obtain redress for the wrongful invasion of rights and how obligations are enforced.
For example, the rules of court procedure, service of process, and methods of appeal fall under procedural law.
MUNICIPAL LAW AND INTERNATIONAL LAW
The classification of law into Municipal and International law underscores the territorial limitation of legal systems. Usually, the laws of a sovereign state do not operate beyond its own borders.
Municipal law refers to the laws emanating from a particular country and having the force of law within its territory. It governs the conduct of individuals and juristic persons within that state.
International law, on the other hand, binds sovereign states and regulates their mutual coexistence and relationships. Its sources include:
- International customary practices,
- Treaties,
- Bilateral and multilateral agreements, and
- International conventions.
While individuals and corporate bodies are the primary subjects of Municipal Law, International Law deals mainly with states and international organizations.
Note:
A distinction exists between Public International Law and Private International Law (also known as Conflict of Laws).
- Public International Law governs the relationships between sovereign states.
- Private International Law regulates the conduct of persons or legal entities in one state as it relates to the laws or persons of another state, without necessarily involving the states themselves. It is, therefore, an aspect of municipal law.
Conclusion
Law, in all its classifications and sources, provides the framework that guides the behavior of individuals and the operations of states. Substantive and Procedural Laws ensure that rights are clearly defined and properly enforced. Municipal and International Laws establish both domestic governance and international cooperation.
References
Nigerian Legal System Note Compiled by Muhammad Musa
Wikipedia contributors
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