Again and again the „failure of substantive law“ is issued. Substantive law shall be no more able to capture and regulate the complexity of social processes, technological developments and internationalization. It can be recognized through the progressively changing way of legislation from conditional to final and abstract programming, which increases scope for action and decision-making. Mostly affected are specialized administrative sectors, such as environmental law or market regulation law. Procedural law is seen as an alternative to compensate the problems of substantive law. Through the prescription of processes and procedures the scopes shall be structured and substantive results conditioned. But proceduralization entails dogmatic, structural and functional consequences which have to be discussed. The risks have to be recognized and the process if required has to be constrained or directed in a constitutional way.