1A.4.6 Advantages and disadvantages of precedent

Question 1

Explain the advantage of consistency in JP

Answer 1

Precedent makes sure all similar cases are kept the same. This promotes justice and equal treatment.

Question 2

Explain the advantage of flexibility in JP

Answer 2

Judges can develop the law, for example, by overruling outdated precedents . This frees up parliament time.

Question 3

Explain the advantage of original precedents in JP

Answer 3

Allows for new precedents to be created when there is no legislative provision

Question 4

What is an example of original precedents being an advantage?

Answer 4

Gillick v West Norfolk and Wisbeck Area Health Authority (1985)
- Decided girls under 16 can be prescribed contraceptives without parental consent

Question 5

Explain the disadvantage of complexity in JP and give an example

Answer 5

It can be difficult to decide what the ratio is. For example, in R v Brown, all 5 judges on the panel gave different reasons for their decisions

Question 6

Explain the disadvantage of undemocracy in JP

Answer 6

It is argues that parliament should make laws, and the courts should only enforce. Judges are not democratically elected.

Question 7

Explain the disadvantage of the retrospective effect in JP and give an example

Answer 7

Judge-made law applies to events that occurred before the case came to court.
EG R v R (1991)
- The husband was technically acting legally at the time of raping his wife
Legislation usually only applies to events occurring after it has come into effect