What is the difference between the procedural and substantive components of administrative law?
The procedural and substantive components of administrative law are two key elements of the administrative justice system. Procedural law sets out the rules and procedures which govern the formation of administrative decisions, while substantive law determines what outcomes are required by the law. In California, procedural law establishes the framework for how administrative decisions are to be made, ensuring that the decision-making process is fair and consistent. It covers rules of evidence, the right to counsel, notice and time periods, the right to be heard, and the rights of appeal. It also sets out the ways in which an administrative agency can investigate and deal with violations and disputes, and the means by which it can obtain evidence and review decisions. Substantive law on the other hand, sets out the specific rights, privileges, and obligations that a person has with respect to a particular matter. This could include labor and employment rights, as well as environmental protection standards. Substantive law also explains the actual requirements of the law, such as the requirements that must be met in order to receive a license or degree. It is important to understand the differences between the procedural and substantive components of administrative law in order to ensure that an individual’s rights are protected. Together, the two components of administrative law enable the administrative justice system to remain fair and efficient, while ensuring that individuals’ rights are respected.
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