Disadvantages of Precedent

Question 1

What are the disadvantages of the precedent?

Answer 1

• Rigidity
• Complexity.
• Illogical distinctions.
• Slowness of growth.

Question 2

How is the law rigid?

Answer 2

• Lower courts have to follow decisions of higher courts.
• Court of Appeal has to follow its own past decisions.

Question 3

How is the law complex?

Answer 3

• Not easy to find relevant case law due to its abundance.
• There is often no distinction between comments and the reason for the decision.

Question 4

Where do illogical distinctions occur in the law?

Answer 4

Differences between cases may be small, making them appear illogical.