Binding precedent doctrine advantages and disadvantages introduction the concept of a binding precedent is basically a remnant of the common law that originated from the english judicial system, a system which is similarly adhered to by australia. Precedent - a system of jurisprudence based on judicial precedents rather than statutory laws common law originated in the unwritten laws of england and was later applied in the united states case law , common law. A judicial precedent helps a lawyer or judicial officer to apply his/ her mind to a current case from the perspective of another judicial person or body not all judicial precedents serve as authority to be cited in support or counter another's ar. For the doctrine of judicial precedent to work, a hierarchy of courts is needed judges must refer to a higher-ranking court and follow the same line of reasoning of one of its previous cases in order to appeal to a precedent.
Overruling statutory precedents william n eskridge, jr stare decisis, the rule that judicial precedents should be followed, has been considered by american courts to be more a rule of thumb than an iron. - a judicial precedent the doctrine of binding precedent or stare decisis, refers to the fact that, the decision of a higher court will be binding on a court lower than its hierachy judicial precedent can be applied on cases and to be treated similiarly when the material facts of the cases are identical. Judicial precedent is practical in nature, and therefore it becomes more flexible thus we get number of ways to avoid precedents which allows the system to change and to adapt to new situations referring through a wealth of cases. The advantage of judicial precedent is a less chaotic system, where the outcome can be better predicted, and justice can be more uniformly applied across the whole of the public the disadvantage of judicial precedent is nothing those who wish the courts would ignore precedent (without a proper.
Judicial precedent in the english legal system essay 3886 words | 16 pages the doctrine of judicial precedent is based on the principle of stare decisis which means 'to stand by what has been decided. Above are the slides on advantages and disadvantages of the doctrine of judicial precedent and the methods of avoiding precedent. Discuss the advantages and disadvantages of the doctrine of precedent judicial precedent concerns itself with the influence and value of past decisions of case law and prior legal experience the doctrine of precedent means that judges refer back to previous decisions to help them decide similar cases where the law and facts are alike. Transcript of advantages and disadvantages of judicial precedent what are the advantages of this leads to certainty - this is advantageous for lawyers , judges and clients.
In law, a binding precedent (also mandatory precedent or binding authority) is a precedent which must be followed by all lower courts under common law legal systems in english law it is usually created by the decision of a higher court, such as the supreme court of the united kingdom, which took over the judicial functions of the house of. The importance of precedent in a common law system, judges are obliged to make their rulings as consistent as reasonably possible with previous judicial decisions on the same subject the constitution accepted most of the english common law as the starting point for american law. However, judicial precedent does have its advantages the main advantage of using precedent is that it provides certainty in the law as cases with sufficiently similar material facts are bound by past decisions, it provides an idea of how the case will be decided. (iv) practicality: judicial precedent is practical in that principles or propositions of law are formulated on the basis of practical circumstances that demand legal solutions (v) flexibility: it is contended that case law is flexible in that judges in.
Essay: advantages and disadvantages of the doctrine of binding precedent by admin - posted on january 8, 2017 november 14, 2017 essay topic: critically evaluate the advantages and disadvantages of the doctrine of binding precedent in english courts. Advantages of using preceedent as a source of law the use of precedent has been justified as providing predictability, stability, fairne ss, and efficiency in the law reliance upon precedent also promotes the expectation that the law is just. The doctrine of judicial precedent refers to the process by which judges follow previously decided cases courts at the top of the hierarchy are of more significance so their decisions carry. Overall, it can be seen that there are many advantages and disadvantages to judicial precedent, it is beneficial as it is flexible and keeps certainty in the law although it can be seen as too complex as there are to many cases to look over when deciding.
The basis of the doctrine of judicial precedent is that like cases should be decided alike so if the facts of a case are materially the same as the facts of a previous case then the principle or rule used to decide the previous case should be used to decide the instant case. Judicial precedent is an important source of english law as an original precedent is one which creates and applies a new rule however, the later decision, especially of the higher courts, can have number of effect upon precedents. The anglo-saxon system of judicial precedent has been adopted by both the institutions of the european economic community (mainly the court of justice) and the european court of human rights (piperea, 2009.
Q 18 (c) compare the relative importance of legislation with custom and precedent also explain the advantages and disadvantages of legislation as a source of law. The advantages of the precedent system are said to be consistency, certainty, efficiency and flexibility, avoid mistake and prevent injustice consistency provides a measure of formal justice to the extent that like cases is decided on a like basis. Judicial precedent a feature of the english legal system is that judges can make laws by their decisions in court if the decision is of a higher level court, it can operate as a binding precedent which has to be followed by other judges in later cases. Judicial precedent is a legal case law establishing a principle or rule that a court or other judicial body may apply while deciding subsequent cases involving similar issues or facts.