What System Does The Scottish Law And The Eu Law Use Rather Than The Doctrine Of Precedent?
The english legal system uses the doctrine of precedent.
To my understanding, scotts law does not use the doctrine of precedent and neither does the ECJ, what system do they use rather than the doctrine?
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2 Comments on What System Does The Scottish Law And The Eu Law Use Rather Than The Doctrine Of Precedent?
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SimonC on
Sat, 21st Nov 2009 11:26 am
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JZD on
Sat, 21st Nov 2009 12:53 pm
JZD may be a lawyer, but he is wrong about the ECJ. The doctine of precedent does not apply to the ECJ. They normally follow previous decisions, in the interest of legal certainty, but are not bound to do so.
I am not certain about Scotland, but it is a common law system very similar to that in England so I am fairly sure that the doctrine of precedent does apply there – to their own cases.
I’m afraid both do.
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