Quebec Procedural Law as a Microcosm of Mixity: Implications for Legal Pedagogy, Judicial Decision-Making, and Law Reform

Abstract

Using procedural law in the mixed legal system of Quebec as a case study, this article examines the impact of mixity from the perspective of the teacher, the judge and the legislator. First, the article explores the influence of mixity on legal pedagogy concluding that comparative or transsystemic legal study is a natural consequence of mixity. Next, the article studies the impact of mixity on judicial decision-making, such study indicating that the influence of several legal traditions in mixed legal systems has resulted in a unique judicial methodology. Finally, the impact of mixity on the legislator is examined, demonstrating how an increase in legal transplantation in the area of civil procedure has affected the legislative evolution of law creation, creating mixity in more and more legal systems.