substantive right

noun

1. a right, as life, liberty, or property, recognized for its own sake and as part of the natural legal order of society.

Word History and Origins

Origin of substantive right¹

First recorded in 1935–40

Example Sentences

The majority specifically said that the state constitution’s “Sanctity of Life” amendment, which establishes fetal personhood, is “directly aimed at stopping courts from excluding ‘unborn life’ from legal protection” and grants a substantive right to embryos to receive full equal protection under the law.

From Slate

“It isn’t a substantive right to receive the Miranda warnings themselves.”

From New York Times

In his draft opinion, Blackmun disposed of the Texas statute on vagueness grounds but took on the substantive right of a woman to decide to terminate her pregnancy when analyzing the Georgia statute.

From Washington Post

“The proposed regulations minimize the substantive right that employees be given time to improve their performance, and they sacrifice fairness for the sake of expediency.”

From Washington Post

The competing measure would keep the state Supreme Court in charge of court rules, but would allow the Legislature to make changes with a three-fifths vote to a provision it finds “abridges, enlarges or modifies any substantive right.”

From Washington Times