BUSA 364 Lecture 2: intro to quebec law system
3 Apr 2016
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System of binding community or society rules, customs, principles, and practices. Enforces and sanctioned by government authorities and institutions. Isn"t the same thing as justice or ethics. Accumulated decisions become a guide for future ones. In order to ensure the law is consistently applied, judges will show deference to past decisions in analogous circumstances. Higher court decisions are binding on lower courts. In common law jurisdictions, judges can actually create law in this way. Quebec judges do not directly create law but they help interpret it. Judicial precedent useful for interpreting law (but not necessarily binding) Basic law is based on accumulated precedent, which is binding (stare decisis) Judicial decisions are primary source of law (unless or until amended by statute) All other law must be consistent with it. Creatures of enabling statute but not legislated directly. In common law jurisdictions, accumulated precedent is a direct source of private law.
