Advantages and Disadvantages of judicial precedent

Question 1

Advantages of judicial precedent?

Answer 1

-consistency in the law- allows lawyers to advise clients on the likely outcomes.
-Law should be able to change- PS.
-can distinguish to create less rigidity in the law
-just and fair that like cases are decided alike- even stops some cases going to court if the outcome is known- public confidence

Question 2

Disadvantages of judicial precedent?

Answer 2

-complex with 500,000 cases reported card to find law.
-judges make law
-rigidity- law does not keep up with social change& few reach SC.

Question 3

Central Asbestos Co V Dodd? (complexity)

Answer 3

-judge could not identify the ratio- decidendi.

Question 4

Example of judges making new law?

Answer 4

-Hunter V Canary Wharf- made law on tv- does not adhere to the separation of powers and infringes parliamentary sovereignty.