Disadvantages of JP Flashcards
What is JP?
system requires judges 2 follow decisions on same points of law by higher courts in earlier case. precedent judges in lower cases must follow. principle state decesis (let decision stand)
What are the 4 disadvantages of JP ?
let’s law develop by chance
creates retrospective law
undemocratic & unconstitutional
makes law too complex
How does JP let the law develop by chance and example ?
parl. able to pass acts to deal with possible future events e.g The Human Reproductive Cloning Act 2001 - illegal even tho tech. not yet invented
Why is JP letting the law develop by chance a disadvantage and example ?
R V R 1991- can’t b created till R raped his wife
would have been far better for parl. to create offence of matrimonial rape through statute would’ve prevented
How does JP create retrospective law ?
until person carries out conduct impossible to consider legality
appeal process can take years
so can be guilty even if act not a crime at the time
How does R V R 1991 show that JP creating retrospective law is a disadvantage ?
HoL rules R guilty of raping wife in spite of fact was no crime on day of committing - argument this is unfair
How is JP undemocratic and unconstitutional?
parl. create statute. political prty introduce unpopular law can be voted out - 2010 lib-dem raise uni fees to £9000 students may vote out
How does gov. elections relate to JP being undemocratic and unconstitutional ?
JP created by judges who are not elected if create unpopular law not accountable to ppl effected so reluctant on controv. laws
How has the undemocratic and unconstitutional nature of JP been shown (case) ?
R V Nicklinson 2014- about right to die, judge felt so signif. should be made by parl.
How does JP make the law too complex ?
1/2 mill. JP in ELS danger that JP may exist but been lost/forgot by courts
When has JP made the law too complex ?
Dodds 1973- CoA thought they were bound by previous JP of HoL but can’t find right JP bc of volume of cases
