Advantages and Disadvantages of Binding Precedent PDF

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Summary

Helpful table of Pros and Cons of The doctrine of Binding Precedent....

Description

INTRO; The doctrine has been both praised and castigated.

PROS

CONS

(1).Consistency and predictability – the

(1). Volume & Timelines: - it takes a long time

system provides fairness and justice as similar

for cases to be decided upon as judges have to

cases will be treated and decided in the same

find the ratio of a case which may be buried in a

way as a past case. This allows lawyers to advise

large volume of law reports from existing cases.

their clients with some certainty as to their position and whether to take a case to court.

(2).Flexibility – Precedents can be avoided in many ways and this enables the system to adapt to new situations, to meet the needs of a changing society.

(3).Prevents

mistakes

(2).Uncertain – the result of a court case can be uncertain until the final (appeal) judgment is made. Some judges may be unwilling to depart from a precedent to make a change in the law.

–

the doctrine prevents mistakes by the lower court Judges as they have guidance from the superior court Judges.

(3). Rigid – a rule can remain in place for a long time, even if it is outdated, as change requires a case to come to a higher appeal courts before new rule can come about.

(4).Time saving device- It is a time saving device because inferior courts have to simply follow the decisions without having to ponder too much on how to decide.

stated; “Error is error and it should not be

(5).Insurance of impartiality - It also

(5).Degradation of lower courts - the

insures impartiality because judges of lower courts cannot favor litigants; when they are bound by the decisions of the superior courts.

overruling of a lower court’s decision by a higher court on an appealed case weakens and lowers the respect of that lower court.

(6).Faith in legal system – The doctrine

(6).Halt the development of law - the doctrine can halt the development of law; hence the HOL freed its self from the self imposed restraint in 1966.

insures that people have faith in the legal system; when all similar cases are decided alike and people see justice being done.

(4).Error can be perpetuated – As CK Allen allowed to spread its roots”

END; To conclude, the use of a binding precedent to decide cases reduces the possibility of judges making bad decisions and ensures that access to justice is rewarding to all litigants....