Page 21 - Microsoft Word - 00 Prelims.docx

English legal system

Advantages and disadvantages of judicial precedent

Advantages:

 Reaching decisions as a result of the doctrine of precedent makes the system
consistent. It becomes easier to predict the result of litigation.

 It allows the English legal system to be flexible. Decisions can be adapted and
extended to reflect changes in society.

 The law is clear. As it is only the ratio decidendi that is followed it is easy to see
what law is being applied.

 Decisions arise from actual events, therefore the system is practical.

Disadvantages:

 The law is very complex because there is a vast number of cases, and
inconsistencies can arise. The same judgement may contain differing and even
conflicting, arguments making the precedent hard to understand and even
harder to apply.

 The law can become rigid, leading to inflexibility and loss of development.

 Case law is reactive rather than proactive. Rather than dealing with issues in
advance and stating the law, a case is considered and a decision made once a
particular situation has arisen.

17