Inside the Judicial Mind: Exploring Judicial Methodology in the Mixed Legal System of Quebec
6:1 JCL 54
21 Pages Posted: 13 Feb 2012 Last revised: 2 Aug 2012
There are 2 versions of this paper
Inside the Judicial Mind: Exploring Judicial Methodology in the Mixed Legal System of Quebec
Inside the Judicial Mind: Exploring Judicial Methodology in the Mixed Legal System of Quebec
Date Written: 2011
Abstract
This article explores the judicial methodology in the mixed legal system of Quebec and examines, in particular, how the nature of its legal system as a mixed legal system influences the judicial methodology of its judges, especially with respect to the de facto use of precedent. Features of the mixity, including the institutional setting of Quebec courts as courts of inherent jurisdiction, the nature of Quebec’s civil justice system and procedural law, as well as the judicial role and the effect of a supreme precedential authority (in the Supreme Court of Canada).
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