Advantages and Disadvantages of the System of Precedent

Advantages of the System of Precedent

  • Certainty

    • The precedent system fosters certainty and consistency in legal decisions.
    • Similar cases are treated alike, creating predictability in the law.
    • Individuals and entities can plan their actions with reasonable confidence that they align with legal standards.

  • Flexibility

    • Judges possess the discretion to distinguish cases based on specific facts to avoid inconvenient precedents.
    • The Practice Statement 1966 empowers the Supreme Court to evolve the law in response to modern societal changes.

  • Objectivity

    • The precedent system mitigates the risk of judges injecting personal biases into their rulings.
    • This objectivity enhances the transparency of court decisions and leads to the establishment of widely acceptable legal principles.

  • Legal Growth

    • New laws can emerge to address contemporary legal dilemmas.
    • Noteworthy cases illustrating legal growth include:
    • Airedale NHS Trust v Bland (1993)
      • Addressed the legality of discontinuing life support for a patient in a persistent vegetative state.
    • Re A (2000)
      • Discussed whether to separate Siamese twins in opposition to one twin's expressed wishes, recommended by the medical professionals.
    • Legal evolution is informed by real-life cases, allowing for timely adjustments to the law without having to wait for legislative actions.

Disadvantages of the System of Precedent

  • Rigidity of the System

    • Lower courts are obliged to follow the rulings of higher courts, potentially leading to inflexibility and injustice.

  • Unclear Judgements

    • Judicial decisions can be convoluted and lengthy, making it challenging to identify the ratio decidendi
    • Finding the underlying legal principle governing a case may not be straightforward.

  • Inconsistent Legal Development

    • Judges may create distinctions to dodge a precedent that lack logical coherence with established rules.
    • Legal evolution via case law tends to be disjointed and incremental, with unpredictable directions of legal change.

  • Costs and Time Constraints

    • Only the Supreme Court can render a conclusive ruling, and reaching this level can be costly and time-consuming.
    • The 1966 Practice Statement introduces uncertainty since the law may remain unsettled even after a Supreme Court decision.

  • Inability to Reform Law

    • The system of precedent is reactive; it can only initiate law changes upon suitable cases arriving at the courts.
    • Notable judges, such as Lord Denning, have expressed frustration regarding the constraints of the precedent system, feeling it can lead to unjust outcomes.