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.
- Law is developed using real-life examples, making the law more precise.
- 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
- Judges in lower courts have little power to stop or avoid precedent, so they can't 'do what they feel is right'.
- 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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