SOURCES OF LAW DISADVANTAGES
JUDICIAL PRECEDENT
Rigidity of the system of
ADVANTAGES precedent prevents the law being
The system creates certainty within the changed.
law. Illogical distinctions may be made
The judgments give detailed practical by judges in a case to avoid
rules for other judges to follow. following a previous decision.
The outcome of a new case can be It is unpredictable and dependent
predicted from earlier decision so that on chance that a case will reach a
it avoids unnecessary litigation.
Flexibility within the system allows the
ADS AND high enough court that it is able to
DISADS OF change the law.
law to develop when necessary and it
JUDICIAL The ratio decidendi of a case may
can be changed quicker than an Act of
PRECEDENT be difficult to find in the law
Parliament. report and misapplied in a future
Due to lack of parliamentary time, it case.
may be important for some laws to be It is undemocratically elected so
made by judges. it would seem that they are the
Judges are legal experts whereas best people to make laws for the
politicians are not always. country.
Judges can change the law much Judges may be biased or out-of-
quicker than Parliament and it avoids touch with modern society.
the drafting problems associated with
statutory interpretation.
JUDICIAL PRECEDENT
Rigidity of the system of
ADVANTAGES precedent prevents the law being
The system creates certainty within the changed.
law. Illogical distinctions may be made
The judgments give detailed practical by judges in a case to avoid
rules for other judges to follow. following a previous decision.
The outcome of a new case can be It is unpredictable and dependent
predicted from earlier decision so that on chance that a case will reach a
it avoids unnecessary litigation.
Flexibility within the system allows the
ADS AND high enough court that it is able to
DISADS OF change the law.
law to develop when necessary and it
JUDICIAL The ratio decidendi of a case may
can be changed quicker than an Act of
PRECEDENT be difficult to find in the law
Parliament. report and misapplied in a future
Due to lack of parliamentary time, it case.
may be important for some laws to be It is undemocratically elected so
made by judges. it would seem that they are the
Judges are legal experts whereas best people to make laws for the
politicians are not always. country.
Judges can change the law much Judges may be biased or out-of-
quicker than Parliament and it avoids touch with modern society.
the drafting problems associated with
statutory interpretation.
