Weaknesses Of Law Making Through The Courts

Question 1

Courts can only make law when an appropriate case comes before them

Answer 1

Courts must wait until a party decides to pursue a case before they can create precedent

Question 2

Changes in court made law can be slow

Answer 2

Changes in particular areas of law can be slow to develop. Eg- negligence

Question 3

Finding precedents can be difficult

Answer 3

Finding relevant precedents can be very time consuming

Question 4

Courts may be bound by previous decisions

Answer 4

A courts ability to change the law may be restricted by precedents

Question 5

Courts make laws ex post facto

Answer 5

Courts make laws retrospectively; deciding on situations that have already taken place

Question 6

Courts are not an elected body

Answer 6

Judges are not elevated thus not representative of the people

Question 7

Courts are not able to investigate an area of law

Answer 7

Only Parliament is able to investigate changing a body of law