Disadvantages Of Judicial Precedent
Judicial Precedent.
The Judicial precedent is an important source of law in the United Kingdom also known as ‘stare decisis’, which is Latin meaning ‘to stand by the decided cases’. Therefore it is referred to as judge made law. Precedent is an important building material for the writing of judicial opinions and almost any other legal argument. The doctrine states that lower-ranking courts are bound to follow previously decided relevant cases in higher level courts. It has a binding force for deciding similar cases in future. In Clement v. Iwuanyanwu (1998) Oputa JSC said that:
“a precedent is an adjudged case or decision of a higher court considered as furnishing an example or authority for an identical or similar question afterwards arising on similar question of law”
A Precedent becomes binding relying on two main factors, Firstly It must have been pronounced by a court which is sufficiently senior. Secondly It is only the ratio decidendi, which is the legal reasoning behind the decision which is binding. The ratio decidendi of a case is defined as a statement of law that the judge applied to the facts of the case and upon which the decision is based. The other
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Jurists like Coke & Blackstone have supported the doctrine of precedents because they say it shows respect for the opinion of one’s ancestors. While this may be true the real significant benefits include things like flexibility and certainty. It enables the judges to re-shape the law according to the needs of the time and provide flexibility to the law to adapt itself to new environments. In addition to this, the laws contained in the case laws are certain and simple. They are bringing certainty to law. Precedents give raise to practical and perfect laws because they are the result of concrete actually happened problems. Moreover, they provide useful guidelines to the Judges for decisions thus, saving the labor of the judges and the
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Judicial Review Pros And Cons
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Disadvantages Of Judicial Precedents
702 Words | 3 PagesDifferent judges will have different interpretation of cases; hence, they may bind a single case with various precedents making it more difficult to pass a judgment. In this type of situation even competent judges may find it complicated to decide on the ‘ratio decidendi’. Nevertheless, there are a lot of case laws and deciding which case law best appropriates to a case is not always an easy task, as it is time consuming and very stressful to find the most suitable precedent. Therefore, not only the doctrine of judicial precedent has the disadvantage of being complex, while the judges are discussing which case law to apply to a specific case, justice is at the same time being delayed.
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