even where it produced results which were unfair or not in accordance with sound principle (c) that it might be uncertain how far it would be useful to refer to institutional writers and previous decisions and (d) that it would have been better to include various statutory offences frequently encountered in practice.
Some consider codification to be a requirement for a democratic state, and legislation to be a more appropriate forum for the creation and amendment of law than the courts and codification would have to enact the criminal common law in statutory form. The dependence on common law has allowed the courts to play a central role when responding to charges. This has enabled the courts to adapt existing offences to meet new forms …show more content…
However, there is reason to believe that attitudes to codification are gradually becoming more favourable. Partly this may be due to the new emphasis on human rights. Professor Timothy Jones of the University of Wales, Swansea approved of codification in the abstract but considered that now, when human rights requirements were having a beneficial effect on the common law, was not the time to codify the criminal law of Scotland.
Codification is Scots law is a current debate amongst many professional at this moment in time but is unlikely to be applied until a decision can be made and when reacted factors such as how to apply codification would still need to reached. On this topic readings such as the Article for Scottish Criminal Law on CODIFICATION OF SCOTTISH CRIMINAL LAW by Eric Clive and the Scottish Law Commission draft criminal code should be referred to .
France is an example of civil law jurisdiction and the example of the specific crime that it be compared is
Some consider codification to be a requirement for a democratic state, and legislation to be a more appropriate forum for the creation and amendment of law than the courts and codification would have to enact the criminal common law in statutory form. The dependence on common law has allowed the courts to play a central role when responding to charges. This has enabled the courts to adapt existing offences to meet new forms …show more content…
However, there is reason to believe that attitudes to codification are gradually becoming more favourable. Partly this may be due to the new emphasis on human rights. Professor Timothy Jones of the University of Wales, Swansea approved of codification in the abstract but considered that now, when human rights requirements were having a beneficial effect on the common law, was not the time to codify the criminal law of Scotland.
Codification is Scots law is a current debate amongst many professional at this moment in time but is unlikely to be applied until a decision can be made and when reacted factors such as how to apply codification would still need to reached. On this topic readings such as the Article for Scottish Criminal Law on CODIFICATION OF SCOTTISH CRIMINAL LAW by Eric Clive and the Scottish Law Commission draft criminal code should be referred to .
France is an example of civil law jurisdiction and the example of the specific crime that it be compared is