Cons of precedent

• What are the disadvantages of precedent?

  It can be too rigid

  The doctrine of precedent can be too complex

  There can be illogical distinctions

  Precedent can be slow in terms of growth

  There can be Uncertainty in precedent
• Precedent can be though to be too rigid because precedent doesn’t allow for sufficient development of the law. Lower courtsmust follow decisions of higher courts regardless of whether they think they are good or bad, and the Court of Appeal cant depart from its own previous decision unless under some very specific exceptions
• Precedent can be deemed to be too complex because Even with computerised law reports, it can be difficult to find relevant cases that apply to a given situation because of the sheer volume of reported cases (Nearly half a million). Courtjudgments can be very long, with no clear distinction between comments and the reasons for the decision. This makes it difficult in some cases to extract the ratio decidendi.
• Precedent can have illogical distinctions: The use of distinguishing to avoid past decisions can lead to “hair-splitting” so that some areas of the law have become verycomplex. The difference between some cases maybe very small and appear illogical.
• Precedent has very slow growth: Judges are well aware thatsome areas of the law are unclear or in need ofreform; however, the cannot make a decisionunless a case comes before the courts to bedecided. Only about fifty cases go to the SupremeCourt each year. There may be a long wait for asuitable case to be appealed as far as the SupremeCourt to bring about a change in the law
• Precedent can be uncertain, this can occur when a higher court reverses a decision of a lower court. For example in the caseof R v Kingston the House of Lords reversed thedecision of the Court of Appeal and dismissed theD’s argument that his involuntary intoxication couldbe used as a defence.