Judicial Precedent Advantage And Disadvantage Flashcards
How is consistency an advantage
2 cases with similar facts treated the same. Prevent midge making random decisions and promote justice- DPP v Smith
How is consistency an advantage
2 cases with similar facts treated the same. Prevent midge making random decisions and promote justice- DPP v Smith
How is Predictability an advantage
Lawyers can advise clients and predict outcome of case. Important for govt funding .
How is flexibility an advantage
Law can be developed to ,eat changing needs of society. Can be changed when parliament hasn’t got the time or will to change it . R v R - rape within marriage
Advantage of detailed practical rules
Cases are responses to real life cases not like legislation which anticipates what may happen in the future. A lot of detail in case including examples in orbiter dicta - DPP v Smith
How is meeting changing needs of society an advantage
Similar to flexibility in that law can develop and change when needed. Courts can also respond immediately to a situation when needed. - Re A - conjoined twins case
How is complexity a disadvantage
Judgements often complex and difficult to interpret the point of law. Appeal courts have more than one judgement which can be confusing. Eg R v Adomako- gross neg man slaughter case which caused confusion
How is uncertainty a disadvantage
Judges have various ways of avoiding precedent which creates uncertainty. Eg Distinguising
How is Volume a disadvantage
It is difficult for anyone to research law. Hundreds of judgement every year so discovering topic area involves researching high number of reports.
How is unconstitutional and undemocratic a disadvantage
Judges overstepping their role by actually creating law instead of applying it. Parliaments job to make law as elected
List 5 advantages of precedent
- consistency
- predictability
-flexibility
-Detailed practical rules
-meet changing needs of society
List 4 disadvantages
- complexity
- uncertainty
- volume
- Unconstitutional and undeomcratic
