Mixing It? Comparative Law In The Scottish Courts.

Abstract

Abstract: The second contribution to the symposium held at Ghent focuses on the experience of Scotland as a mixed legal system. While one might expect such a system to be comparative in its approach, the author shows that there is little evidence to be found in the Courts. Referring to two previous statistics he produces his own table to show that cited foreign case law by and large stems from other Anglophone countries, notably England. He arrives at the conclusion that, with the exception of the ECHR, other foreign decisions are virtually absent from citations in Scottish Courts. After discussing some of the foreign decisions he points out that the significance of comparative law cannot be measured by the analysis of citations alone.