51) This distinction is important because while a substantive right cannot be waived by an arbitration agreement, a
procedural right can be.
Conell, who invoked his
procedural right for silencing Warren, invited criticism later.
Khartoum at the time said that the UN leadership in New York wanted to impose a specific agreement that has previously been rejected by the team, noting that it does not have the legal or
procedural right to interfere in the work of the team during the current phase.
484) However, in a clarifying footnote, the Court held that a breach of a
procedural right can lead to standing "so long as the procedures in question are designed to protect some threatened concrete interest of [the individual] that is the ultimate basis of his standing.
159) Although the prohibition on ex post facto laws seems better understood as a substantive rule because it bars the courts from using a particular substantive rule in imposing punishment, it is often characterized as a
procedural right.
The right to be heard is a
procedural right, but one tied to norms of respect, worth, and dignity.
For one thing, the nature of the statutory scheme is surely bound up with and inseparable from the nature of the decision and its effect on the individual; as a result, statutory provisions are of derivative importance in determining whether a particular
procedural right ought to be accorded.
The Mississippi Insurance Department "has no
procedural right to completion of the report," the FEMA brief says.
right, and violations of a
procedural right are accorded special
is fair and just to recognize the
procedural right in question, even if
This is a substantive and not a
procedural right," he added.
Important legal theorists, such as William Blackstone, have said that this
procedural right is the cornerstone in the "preservation" of personal liberties, since without protection of habeas corpus a prisoner can be incarcerated in such a way that his or her "sufferings are unknown or forgotten.
