?Assess the Advantages of Judicial Precedent Essay

By July 13, 2017 Health

The first advantage of judicial case in point is certainty ; this means the attorneies are able to foretell the result of the instance due to Judges following the same regulations and the same Ratios this is a good thing as it means Lawyers could fix clients for the worse or the best to the best of their ability, and this could salvage clip and money every bit good. Sir Rupert Cross-Doctrine of case in point has a peculiar accent on rigidness and certainty. Another advantage is flexibleness ; the jurisprudence is able to develop in ways that reflect societal and technological fortunes and does non hold to wait for the permission from Parliament, it besides allows the common jurisprudence system to react to new state of affairss like in Mcloughlin O’Brien’s instance where the Supreme Court extended the jurisprudence on nervous daze to cover new state of affairss within the instance. Consistency, this means that similar instances are dealt with in the same manner, and this makes the jurisprudence carnival and believable and makes our legal system respected in other states.

Another would be its existent and reals with existent life state of affairss, instance Torahs trade with state of affairss that arise in pattern – existent facts in existent state of affairss – unlike statues and if an unanticipated state of affairs arises, Judgess can mention to bing case in points and accommodate the jurisprudence to run into the new state of affairs. Another advantage would be Original case in points, this allows for new or original case in points to be created and this occurs when there is no old determination on the affair or instance and this therefore means an original case in point therefore makes legal proviso on a affair for which there was no antecedently no. In Gillick V West Norfolk and Wisbech Area Health Authority the House of Lords had to make up one’s mind whether or non misss under 16 could be prescribed preventives without parental consent. This affair had non arisen before the tribunals before, and parliament had provided no counsel.

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