Judicial Precedent - Evaluation Flashcards
1
Q
Explain 3 advantages of Judicial Precedent
A
1) Certainty - Law is predictable
2) Consistent - Like cases are decided alike promoting a sense of justice
3) Development - The law can evolve to changing Social attitudes
2
Q
Explain 3 Disadvantages of Judicial Precedent
A
1) Rigidity - Binding decisions can restrict individual justice
2) Slow Growth - Developments depends on litigation
3) Bad Precedents - Need other case or Act of Parliament to correct it