Definition
- A procedural right is the legal method for enforcing substantive rights. This is also known as due process.
- Without 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 its 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 a form 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, for example, be handled by a Federal Court.
Self-defense
- The right to be free from being aggressed against supersedes the right to due process at the time of threat. I.e., when the threat is imminent, proportional self-defense may be used to defend oneself or others. Ordinary force can also be used to defend property.
- All defensive acts that physically harm others remain open to impartial review after the fact as to whether the action was indeed reasonable.