Advantages and Disadvantages of Judicial Precedent (724 words)
Introduction
A basic tenet of the British legal system is judicial precedent, commonly known as case
law. It alludes to the practise of judges using the verdicts of earlier cases as a guide to
inform their choices in comparable or connected situations. In the UK legal system,
judicial precedent is a cornerstone of consistency and predictability, but it also has
benefits and drawbacks. The goal of this essay is to examine both the benefits and
drawbacks of UK judicial precedent.
Judicial precedent advantages.
Clarity and Predictability: Clarity and predictability in the law are two of the main
benefits of judicial precedent. By adhering to previous rulings, the judiciary makes sure
that related matters are handled similarly. This uniformity promotes fairness and
ensures that the law is enforced consistently across the nation by enabling people and
businesses to have a reasonable expectation of the outcome when engaging in legal
proceedings.
Efficiency and Cost-Effectiveness: Judicial precedent improves the legal system's
efficiency and cost-effectiveness. Judges can use well-developed legal ideas and
reasoning when they depend on well-established precedents, which eliminates the need
to re-invent the wheel in every circumstance. As there is no need to start from scratch
with every new situation, this conserves time and resources. Additionally, relying on
precedent makes it simple for attorneys to discover direction and strong legal defences,
expediting the legal procedure.
Flexibility and Adaptability: Although judicial precedent offers certainty, it also
permits legal flexibility and adaptability. When necessary, courts have the authority to
deviate from or overturn established precedents. Due to its adaptability, the law can
change along with social needs and beliefs, ensuring that it is always current and useful.
Legal Principles Development: Judicial precedent is essential to the formation and
advancement of legal principles. Judges can improve legal concepts, remove
ambiguities, and close legal gaps through the process of contrasting and overturning
earlier instances. Due to the way precedent develops over time, the law is able to keep
up with cultural advancements and new legal issues.
Judicial precedent's disadvantages
Rigidity and Inflexibility: The potential for rigidity and inflexibility of judicial
precedent is one of the principal objections levelled against it. It can be challenging to
alter or depart from a precedent once it has been established. Even in situations where
society views and conditions have considerably altered, this might result in the
perpetuation of out-of-date legal principles or incorrect judgements. The fairness and
efficiency of the legal system can be compromised by a slow response time to changing
conditions.
