ipl-logo

Advantages And Disadvantages Of Judicial Precedent

708 Words3 Pages

Judge made law has been ruling around for hundreds of years. It provides certainty, flexibility and more others but case law is not always fair. The doctrine introduced unnecessary restrictions on the law. This is because the society is progressing fast and it is necessary for the law to keep up with any changes are made. Thus, the existence of judicial precedent often prevents judges from developing legal principles in accordance with societal developments. The disadvantage of judicial precedent is strict rules can cause injustice in individual cases. This is because each case is different and so it is unjust to simply applying the same reasoning as in the past. This injustice is hard to solve because only a superior court faced a cases of injustice in order to overturn the precedent. In addition, judicial precedent is rigidity. The system is too strict and it does not allow the law to develop enough. A rule can have kept for a long time, even if it is out of date. If a case appears to be a bad outcome in a court, it can be changed but cases and precedent can only change when the case comes to court. For instance, the government can only pass so many laws until the policy and government change so far. The Parliament cannot quickly solve the problems that judges have right to avoid precedent and bad cases could. Furthermore, it also inflexible. Certain legal aspect is constant however others rules and regulations change over time. While judicial precedent does protect the

Show More
Related

  • Explain The Strengths Of The Judicial Branch

    1067 Words  | 5 Pages

    The three branches were established by the Constitution and divided into executive, legislative, and judicial. The executive branch consists of the president and his cabinet, the legislative branch consists of Congress, the Senate, and the House of Representatives, and the judicial branch consists of the Supreme court and other federal courts. Focusing on the judicial branch, the Constitution has established the Supreme Court as the only court to make decisions of national importance. One strength of this branch is that it holds the power to provide equal justice and determine if the laws passed by Congress are constitutional through appeals, trials, and review. “Put simply, for federal theorists judicial supremacy exists because it must:

    Read More

  • Summary Of The Buffalo Creek Disaster By Gerald M. Stern

    1521 Words  | 7 Pages

    Our legal system allows judges to make important decisions on their own, which is a huge responsibility, and if it falls into the wrong hands, there could be severe

    Read More

  • Pros And Cons Of Judges Being Appointed

    167 Words  | 1 Pages

    The quality of judges would without a doubt increase if they were appointed. However, I do not agree with the idea of judges being appointed. When looking at the partisan aspect you notice several possible issues with one issue being, is that individual the right person to do the job. Partisan election of judges allows for an individual that may not be as qualified for the job to be elected into the position. Nevertheless the partisan election of judges gives the voters what they want based on party affiliation along with qualifications.

    Read More

  • Summary Of Gerald Rosenberg's Book 'The Hollow Hope'

    710 Words  | 3 Pages

    Alex Frost Values: Law & Society 9/23/2014 The Hollow Hope Introduction and Chapter 1 Gerald Rosenberg begins his book by posing the questions he will attempt to answer for the reader throughout the rest of the text: Under what conditions do courts produce political and social change? And how effective have the courts been in producing social change under such past decisions as Roe v. Wade and Brown v. Board of Education? He then works to define some of the principles and view points 'currently' held about the US Supreme court system.

    Read More

  • The Constrained Court

    429 Words  | 2 Pages

    Lastly, courts lack the resource to implement policies in line with their decisions. Thus, even when cases are won, “court decisions are often rendered useless” as litigants are left to the task of implementation (Rosenburg 21). Despite the Constrained Courts view that courts are insufficient in producing social change, “it does not deny the possibility” (Rosenburg 21). When the right factors are in place and certain conditions in favor of the case’s outcome, courts can be a powerful institution in promoting justice (Hall 2).

    Read More

  • Essay On Australian Democracy

    1267 Words  | 6 Pages

    (Yencken, D. 2008) Australia’s legal and political system meets these criteria. It is yet important to recognise that the rule of law significantly depends on legal precedent for its active upkeep. No government official may violate these limits. No ruler, minister, or political party can tell a judge how to decide a case.

    Read More

  • Judicial Branch Pros And Cons

    363 Words  | 2 Pages

    This week we are to write about the Judicial Branch. I have chosen the high and almighty U.S. Supreme Court. Section 1 of Article III of The Constitution states that there should be a sole high court, the Supreme Court, that shall have the vested judicial powers of the United States. (The Constitution) The Federal Judiciary Act of 1789 was the landmark statute that was introduced in the first session of the United States Congress.

    Read More

  • The Pros And Cons Of Judicial Selection Methods

    462 Words  | 2 Pages

    When people think of a good judge they typically think of somebody who is fair, not bias and has some sort of experience. However, in today’s society, particularly in the United States, our judicial selection methods are not made to select judges on their ability to reason well and rule impartially (Carter and Burke, 6). On top of that, judges have no actual training before they become part of the judiciary. The only training they receive is in school when they are studying the law. Sometimes when they pursue an apprenticeship with a judge they also get a little bit more experience or insight into a judge’s job.

    Read More

  • Why The Judicial Branch Is The Most Powerful

    478 Words  | 2 Pages

    Hana Kim Professor Yvonne Wollenberg Law and Politics 106 7 October 2015 Title In the United States government, there are three branches called the legislative, executive, and judicial branch. Out of these three, the judicial branch is the most powerful. The judicial branch is made up of the Supreme Court, the court with the most power in the country, and other federal courts that are lower in the system; the purpose of this branch is to look over laws and make sure they are constitutional and reasonable.

    Read More

  • The Pros And Cons Of Wrongful Conviction

    949 Words  | 4 Pages

    With millions of criminal convictions a year, more than two million people may end up behind bars(Gross). According to Samuel Gross reporter for The Washington Post, writes that also “even one percent amounts to tens of thousands of tragic [wrongful conviction] errors”(Gross). Citizens who are wrongfully convicted are incarcerated for a crime he or she did not commit. Many police officers, prosecutors, and judges are responsible for the verdict that puts innocents into prison. To be able to get exonerated many wait over a decade just to get there case looked at, not many are able to have the opportunity of getting out.

    Read More

  • Invitation To Law And Society Analysis

    1434 Words  | 6 Pages

    The relationship between the law and society affects everyone and everything. How the law is written and how it is acted upon in society are two different things. It is imperative, therefore, that we as citizens pay attention to and understand the importance of the relationship between the law and society as it affects both our own lives and the lives of those around us. We engage in and witness the power of the law and society everyday. The law is personal, however, the law is also discretionary depending on where you look.

    Read More

  • Advantages And Disadvantages Of Specialized Courts

    420 Words  | 2 Pages

    Specialized Courts Specialized courts are commonly known as the problem-solving courts that promote positive reinforcement, support behavior modification, decrease victimization, and reduce recidivism. Examples of specialized courts include drug court and mental health courts. A community might benefit from establishing a specialized court such as a drug court because it follows a comprehensive model that concentrates on reducing criminal actions through treatment and rehabilitation services with the focus being on substance abuse addiction and identifying the cause without jeopardizing public safety and due process (Specialized Courts, 2013).

    Read More

  • Pros And Cons Of Due Process

    245 Words  | 1 Pages

    What is the “Due Process?” The due process is a fair Treatment through the normal Judicial system, especially as a citizen’s entitlement It respect all legal rights that are balances the power of law of land and protects the individual person. What does it do?

    Read More

  • Essay On Judicial Selection

    801 Words  | 4 Pages

    Judicial selection is an intriguing topic as there are multiple ways that judges take their seat on the bench. The United States Constitution spells out how federal judges are selected and leaves it up to the individual states to establish their means for selecting judges. In federal courts, judges are appointed and it varies between appointment and election for state courts. The purpose of this paper is to examine the differences between appointments and elections (as well as the multiple types of elections) and to give an opinion as to which is the better alternative. Federal judges are appointed by the President of the United States and are confirmed on the advice and consent of the United States Senate.

    Read More

  • Advantages And Disadvantages Of The Common Law System

    1268 Words  | 6 Pages

    The law is meant to provide justice to people. So the main advantages of the common law system is that it is consistent, adaptive, equal and independent. Consistency is achieved through the precedent as the base for the decisions, not the personal attitudes of the judges. The parties, involved in the process, are expecting that their case would be decided as the similar one, it creates certainty in getting equal justice and stability. Precedents are usually developed in the higher courts by the senior

    Read More

More about Advantages And Disadvantages Of Judicial Precedent

Open Document