Advantage and Disadvantages of Judicial Precedent

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Advantage and Disadvantages of Judicial Precedent

Advantages

  • Consistency - Stare Decisis (Stand by what has been said)
  • Predictability
  • Practical Rules
  • Greater Certainty in the law
  • Avoids mistakes being made
  • Flexible
  • Keeps order
  • Prevents Injustice

Disadvantages

  • Can become thoughtless
  • Too many precedents already set
  • Too confusing
  • Limits development of the law
  • Too complex

Evaluation

Overall, it can be seen that there are many advantages and disadvantages to Judicial Precedent, it is beneficial as it is flexible and keeps certainty in the law. Although it can be seen as too complex as there are to many cases to look over when deciding.

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