There is a distinction in South African law between justice and substantive law. Formal justice: formal law is that part of the law which deals with the procedures that must be. followed in legal proceedings. ♌ These are the basic requirements with which formal law has to comply in order to achieve formal.
Essential Requirements
The traditional Continental doctrine is so accustomed to distinguish between formal and intrinsic requirements of acts and between validity and effects of obligations, that the writers unhesitatingly extend these notions to the law of bills and notes. In this spirit the Geneva conflicts rules establish different rules for “form” (article 3) and “effects” (article 4), although they entirely fail to mention the material requirements.
English and American authors reject any distinction between formal and material validity/ although it is controversial whether the English statutory rule on validity and “interpretation” includes “effects.”
At the same time, Anglo-American law generally is less rigorous in establishing invalidity of obligations for lack of written expression.
They do not require, for instance, the indication of the paper as bill of exchange, of the date or place of the issue;
2 in the United States, however, the
order clause is essential,
3 unless the paper is payable to bearer.
The true situation has been explained by a number of authors.
4 All essential formal requirements involve the necessity of a written word or clause in the bill and at the same time are an integral part and condition of the content of the contract.
The statutes enumerate them exhaustively.
A more appropriate category than form is that of “extrinsic” requirements, contrasted with “intrinsic” conditions, such as to cause or consideration and consent.
What justice means?
noun. the quality of being just; righteousness, equitableness, or moral rightness: to uphold the justice of a cause.
rightfulness or lawfulness, as of a claim or title; justness of ground or reason: to complain with justice. the moral principle determining just conduct.
How is formal justice achieved?
Formal justice is the procedural format of the rules that must be applied equally to all.
Substantive justice on the other hand is concerned with the actual just nature of the rules.
Natural justice is given no special meaning; merely that it is a duty to act fairly.