Doctrine of precedent advantages and disadvantages. Advantages and Disadvantages of Judicial Precedent 2018-12-27

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teeli: Advantages and Disadvantages of Doctrine of Stare Decisis

doctrine of precedent advantages and disadvantages

With careful advance planning, a partnership can avoid some of the problems inherent in a proprietorship when an owner dies, retires, or becomes. Government and Parliament are there as elected officials to forward our democracy. Discuss the different ways case laws can be superseded and quote some examples. From times when communities thought they were alone through periods when they depended on one another through trade to today when it is considered to be a global village. This means that a solicitor can give clear, sound advice and suggest whether or not it would be useful or futile for a client to pursue a case.

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6 Advantages and Disadvantages of Judicial Precedent

doctrine of precedent advantages and disadvantages

This is because the Court will not be required to analyse the case and make a decision as they will already have the answer before them, which is a significant benefit within the judicial process. This contributes greatly to the economy of the. However, there are advantages and disadvantages. That's why lawyers get paid the big bucks. So the doctrine is said to save time as the law is found in the cases which set precedent not the numerous other cases.

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What are the advantages and disadvantages of stare decisis

doctrine of precedent advantages and disadvantages

The advantages are - } Certainty - know what to expect as previous decisions followed Consistency and Fairness - similar cases are dealt with in same way Precision - case law helps to define law areas, So there is great detail Time —saving — saves time as no drafting and passing laws Flexibility - that law can changes with times The Disadvantages are - Rigidity — doesn't change easily, bound by higher courts , bound by past decisions Complexity — not always find ratio deciendi,hard to find all relevant cases even with computer database Slow Growth — cases are unclear and need reforming, if no case occurs at HoL no change will happen Illogical Distinctions — distinguishing cause areas to be complex even if facts are not that different are small Hope this has helped , i have also uploaded powerpoints with all the information on as well. The wording of acts of parliament is often broad and generic, providing general instruction on the law but not how it should work in certain situations. In a nutshell, the decisions of a court will bind all subsequent and lower courts. Continuity Precedent means following the example or ruling set by a court when judging a similar case. The doctrine of judicial precedent has overcome this by the requirement that all courts are strictly bound to follow decisions made by the courts above them in the hierarchy. Changes in the law will only happen if parties have the courage, persistence and money to appeal. Are these different in different countries? Any discussion of the advantages is likely to include the point that the doctrine provides certainty in the law.

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Advantages and disadvantages of the doctrine of precedent Essay Example for Free

doctrine of precedent advantages and disadvantages

Making law in decided case provides an opportunity for growth and legal development and ensures that the law is able to keep abreast with the continuous advances in society. It is impossible for parliament to legislate for every possible problem, action or condition that might arise in society. This is because, whilst starting proceedings may be in your hands, ending them may involve other parties. While many will point to this lack of ambiguity as an advantage, the constraint it places on judges when interpreting the law can also be a disadvantage at times. Advantages There are many advantages to the doctrine of judicial precedent with one of the main advantages being the ability to save time when making a decision on a case. The overruling of an earlier case may cause injustice to those who have ordered their affairs in reliance on it.

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What are Advantages of Precedent ?

doctrine of precedent advantages and disadvantages

Ferguson, 1896 that declared providing separate facilities for African-Americans and Caucasians was constitutional, as long as the facilities were of equal quality which was seldom the case. Binding precedent refers back to the doctrine of sta. Athletes who would like to give themselves an advantage competing physically most commonly use it Foschi, 458. Judges have clear cases to follow. Horsler V Zorro 1975 by the House of Lords in Johnson V Agnew 1979. In Herrington, their Lordships held that a more responsible approach was appropriate in the changed social conditions since 1929.

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Discuss The Advantages And Disadvantages Of The Doctrine Of Precedent Essay

doctrine of precedent advantages and disadvantages

Doctrinalism relies on the principle of stare decisis. Words: 1477 - Pages: 6. The grapevine may hamper the goodwill of the organization as it may carry false negative information about the high level people of the organization. Lord Esher stated in R v City of London Court stated that it was the judge's responsibility to give the words their ordinary meaning, and it was for Parliament to decide what the laws should be, and for judges to apply them Unpredictable If courts can avoid follow precedent, or depart from their decisions, then court cases could be unpredictable. However, because the decision in Plummer was incompatible with the Convention rights, Eady J was capable of side-stepping the decision. If judicial rulings and punishments follow an established rule, it cuts down on the appearance of favoritism or unfair persecution under the law that can arise as a result of different outcomes to similar cases. If Brown and Wilson can be distinguished when they are very similar then it could be problematic for a solicitor to predict the outcome to his clients.

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Judicial Precedent Advantages and Disadvantages

doctrine of precedent advantages and disadvantages

It can be assured by the existence of a binding precedent, which he must follow unless it is distinguishable. Restricts the development of the law. As can be seen there is some room for flexibility but in reality such cases are exceptional and opportunities are effectively limited to the Court of Appeal and the Supreme Court bearing in mind their position in the court hierarchy. § That is to say that if no Act of parliament or Dl to follow then judges look at the past decision of a similar case to find a solution to the case before them § The hierarchy of the courts is also important to know as the lower courts must follow the past dec. But as Parliament is sovereign, in can essentially find a way around, or even repeal, this act thus making it unfit for purpose.

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Advantages and disadvantages of the doctrine of precedent Essay Example for Free

doctrine of precedent advantages and disadvantages

This means that the courts can fly through any cases ab … out women voting, because they already know the answer. It has also been put forward that judges may look for reasons not to follow a decision and therefore produce an illogical decision. The facts used to differentiate the two cases must be relevant and material to the legal principles which will determine the outcome of the case — trivial or minor differences will not suffice. Judicial precedent concerns itself with the influence and value of past decisions of case law and prior legal experience. This means the legal profession can give more helpful advice regarding the law to their clients, including advice as to the merits of the case and, just as importantly, advice regarding the outcome. All potential trading partners can gain enormously through appropriate specializat … ion and exchange. It holds that judges are bound to follow the decision made by other judges before them in dealing with cases with similar facts.

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Binding Precedent Doctrine Advantages And Disadvantages

doctrine of precedent advantages and disadvantages

Therefore, it could be said that judicial precedent is not effective in cases concerning human rights. It is not their job to actually make it, this is done through bills passed in Parliament Benditt, 1987. The cases are Balfour v Balfour 1919 and Merritt v Merritt 1971. The decision of the court of another jurisdiction only acts as persuasive authority. The court in the case of Merritt v Merritt were able to distinguish that there were material differences in the facts from those of Balfour v Balfour. According to Chenery and Strout 2006 , the core motive for international aid emanated from the human being moral obligation of supporting and facilitating each other depending on one strengths and abilities. Discuss the advantages and disadvantages of the doctrine of precedent and how judges may make new law.

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The Advantages And Disadvantages Of The Doctrine Of Precedent Essay Example for Free

doctrine of precedent advantages and disadvantages

Not all agree that judicial precedent is that effective, however, and have instead argued that many of the principles are weak and outdated. Because of precedent, the supreme court cannot, or should not, later rule that abortion is illegal. Another disadvantage is that the volume of cases may result in too many precedents, causing confusion. For content contributors, the benefits of participating in social media have gone beyond simply social sharing to building reputation. Advertisers use all sorts of gimmicks to promote their own product.

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