What are the advantages and disadvantages of judicial precedent?

  • 1 vote

doctrine of judicial precedent

Posted Mon 9th April, 2012 @ 12:32 by Lector Mosupi

4 Answers

  • 10 votes

The advantages are - }

 Certainty -  know what to expect as previous decisions followed

 Consistency and Fairness - similar cases are dealt with in same way

Precision - case law helps to define law areas, So there is great detail

Time –saving – saves time as no drafting and passing laws

Flexibility - that law can changes with times

The Disadvantages are - 

Rigidity – doesn't change easily, bound by higher courts , bound by past decisions

Complexity – not always find ratio deciendi,hard to find all relevant cases even with computer database

Slow Growth – cases are unclear and need reforming, if no case occurs at HoL no change will happen

Illogical Distinctions –distinguishing cause areas to be complex even if facts are not that different are small

Hope this has helped , i have also uploaded powerpoints with all the information on as well.

Answered Mon 9th April, 2012 @ 16:57 by A
  • 1 vote

Your answer has been a great help! Thank you very much. Unfortunately,I could not access to your PowerPoint because I'm not a premium user.

Answered Wed 2nd July, 2014 @ 06:35 by Minyee94
  • 0 votes

Thanks for the notes!!!!!!! :)

Answered Fri 20th April, 2012 @ 11:48 by Daniela Miccardi
  • 0 votes

Thank you for the notes, these have been extremely helpful with my business studies coursework

Answered Thu 31st October, 2013 @ 10:19 by Beachampion