Advantages and Disadvantages of Judicial Precedent

Advantages and Disadvantages of Judicial Precedent

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Advantages of Judicial Precedent

  • Certainty in the law
    • People know what is and isn't allowed.
  • Consistent and Fair
    • Cases that are similar will be treated similarly.
  • Precision
    • Law is developed using real-life examples, making the law more precise.
  • Time-Saving
    • Law is developed through cases, which takes less time than having someone write and make all the law.
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Disadvantages of Judicial Precedent

  • Inflexible
    • Judges in lower courts have little power to stop or avoid precedent, so they can't 'do what they feel is right'.
  • Complexity
    • There are a lot of cases saying what the law is.
  • Illogical distinctions
    • Judges can use minor distinctions as a way to avoid precedent.
  • Slowness of Growth
    • Strong binding precedents are only made by the Supreme Court of the Court of Appeal.
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Comments

Natalie Beard

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Not really enough detail, but still it is sometimes nice to have the information so short, its easier to remember :)

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