Evaluation of Judicial Precedent

• One benefit of Judicial Precedent is that...

  It saves time.

  • Judges have past precedent to follow.
  • More cases are heard and less backlog.
• A second benefit of Judicial Precedent is that...

  The system provides certainty.

  • Lawyers can advise their clients on the likely outcomes.
  • People can conduct their affairs with the knowledge that they are within the bounds of the law.
• The third benefit of Judicial Precedent is that...

  The system provides consistency and fairness...

  • The system is rational
  • This means that the judges can make credible laws that aren't based on the whims of the individual judges.
• A disadvantage of Judicial Precedent is that...

  The system is rigid

  • The progression of a case depends on whether or not a case reaches the court and makes it to a higher court.
  • This means that the law develops very slowly over time.
• A second disadvantage of Judicial Precedent is that...

  The system is highly complex.

  • Law reports are often complex with multiple judgments
  • This is disadvantageous because it means the law is not accessible to the public.
• A third disadvantage of Judicial Precedent is that...

  The system acts retrospectively

  • If a judge decides the law changes, it can make somebody guilty
  • It can be considered as unfair in cases where new precedent is made or overruled.
• What does Stare Decisis mean?

  Stand by the decided - Follow the decisions of previous judges.