Positives and negatives of judicial precedent Flashcards
1
Q
What are 5 advantages of judicial precedent?
A
Certainty - law is predictable, promoting ADR
Consistency
Fairness
Flexibility - bad precedents avoided using practice
statement
Time-saving - Predictability encourages ADR, saving
time
2
Q
What are 4 disadvantages of judicial precedent?
A
Rigidity
Complexity- judgements are long
Illogical Distinctions - on minor points
Slowness of growth - must wait for case to come along