Essay
disadvantages of Judicial Precedent
- Course
- Institution
Essay of 1 pages for the course AS Unit G151 - English Legal System at OCR
[Show more]
Seller
Follow
dansimms
Content preview
Evaluate the disadvantages of Judicial Precedent 12An initial disadvantage of judicial precedent is that it reduces Parliamentary
Sovereignty. This is a disadvantage as the judiciary is not voted into power by the
general public like the government is. This is also a disadvantage because it means
that the intentions of parliament when they made the law are not always followed by
the judges. However, this increase the amount of flexibility that judges have during a
case.
Another disadvantage of judicial precedent is that judges are more likely to come to
a different verdict if the case has slightly different facts. This is a disadvantage as it
could be seen as unfair for those who go to court as a judge may apply the law
different to another. This is also a disadvantage because it could increase the
inconsistency in the law. On the other hand, judges must follow binding precedent so
this reduces these issues.
Additionally, another disadvantage of judicial precedent is that it reduces the amount
of time spent on cases. This is a disadvantage as it means that sometimes they may
not look long enough for the correct law to be applied. This is also a disadvantage
because it reduces the predictability of a verdict on a case. However, this reduces
the amount of money that is spent due to needing legal representation for a long
time.
Lastly, another disadvantage of judicial precedent is that lower courts are bound by
higher courts. This is a disadvantage because it means that the judges in these
courts do not have a choice as to whether they apply the precedent to the case. This
is also a disadvantage because it may lead to wrong or absurd decisions due to
having to follow other cases precedents. On the other hand, higher courts often have
judges that are more qualified than the lower courts.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller dansimms. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $9.66. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
53068 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now