Definition
- A procedural right is the legal method and process for enforcing substantial rights, also known as ‘due process’.
- Without an adequately effectuated right to due process, justly determining whether someone violated the Legal Principle would be impossible, and we would undermine the entire legal system. This is why obstructing justice must be treated as aggressing.
- Exactly how due process is afforded to those accused of aggressing is open to reasonable interpretation by a local community and their justice system.
- It is a longstanding due process principle that no-one should be allowed to sit as a judge in their own case.
- Denying the procedural rights of due process is one of the 9 forms of aggressing (a breach of the Legal Principle).
Examples of procedural rights
- Right to a fair trial.
- Right to remain silent.
- Burden of proof.
- Right to cross examine witnesses.
- Right to be represented by a competent attorney.
- Right to appeal.
- An opportunity to be informed of the substance of local laws.
Substantive Due Process
- The process of reviewing laws to ensure that the underlying substantive rights are being fairly adhered to. This could be done by a Federal Court.
Self-defence
- The right not to be aggressed against supersedes the right to due process at the time of threat. I.e. when the threat is imminent, proportional self-defence may be used when necessary.
- All defensive acts that physically harm another person remain open to impartial review after the fact to as to whether the action was indeed reasonable.
