Judicial Precedent Critical Evaluation Flashcards
What is the first advantage of Judicial Precedent?
The system creates certainty within the law
What is the second advantage of Judicial Precedent?
Judgements give detailed practical rules for judges to follow in future cases
What is the third advantage if Judicial Precedent?
Outcomes for cases can be predicted by comparing the facts with past decisions thus avoiding unnecessary litigation
What is the fourth advantage of Judicial Precedent?
Flexibility allows the law to be develop and change quicker than an Act of Parliament can
What is the fifth advantage of Judicial Precedent?
Due to a lack of parliamentary time and the numerous issues that parliament have to address and deal with, it may be important for some laws to be made by judges
What is the sixth advantage of Judicial Precedent?
Judges are legal experts due to many years of training whereas politicians are not always due to being elected by the public
What is the seventh advantage of Judicial Precedent?
Due to how efficient the law can be changed, it avoids the drafting issues associated with statutory interpretation
What is the eighth advantage of Judicial Precedent?
As the judiciary are seen as more representative of society, it might be more appropriate for them to be involved in law making
What is the first disadvantage of Judicial Precedent?
Rigidity of the system of precedent restricts changes in the law
What is the second disadvantage of Judicial Precedent?
Illogical distinctions might be made by a judge so that they can avoid following a previous decision
What is the third disadvantage of Judicial Precedent?
It is unpredictable and dependent on chance that a case will reach a high enough court so that the law can be changed
What is the fourth disadvantage of Judicial Precedent?
Ratio decidendi and obiter dicta can be hard to find within a law report resulting in it being misapplied in future cases
What is the fifth disadvantage of Judicial Precedent?
It is undemocratic
What is the sixth disadvantage of Judicial Precedent?
Parliament is democratically elected so it might be that they are the best people fit to make laws
What is the seventh disadvantage of Judicial Precedent?
Judges might be biased due to their own opinions or they might be out-of-touch with society
