Advantages and disadvantages of the doctrine

Ratio decidendi is the binding part of a case in the system of binding precedent. This means finding a relevant detail about your position that makes it somehow different from the adverse cases in your jurisdiction.

Subsequent to the enactment of the HRA, it therefore seems as though the judicial precedent doctrine is largely being undermined since the judiciary are no longer required to follow previous decisions if they are incompatible with the Convention.

Dumbreck formulation of the duly of occupier to trespasser is plainly inadequate for modern conditions, and its rigid and restrictive character has impeded the proper development of the common law in this field. Being an at-will employee allows you to leave your job without advance notice, but you must live with the uncertainty of potentially losing your job at any time.

The disadvantages of the doctrine of Stare Decisis: Based on the WikiAnswers,it stated that the advantages are that there is a stability in law so that people know what is allowable and what is not.

Precedents tend to be developed by senior judges in higher courts, which lends them authority and experience. This is because the precedents are to be followed by all other courts or in many cases, lengthy, detailed records have to be maintained.

Furthermore, distinguishing a precedent can only be made when judges can make distinctions between two cases. This would be unfair and society would most likely lose confidence in the justice system.

Parliamentarians are elected by and responsible to the people — but judges are appointed by the court system.

Have a read here java. Horizontal stare decisis occurs when a judge is bound by decisions of earlier judges of similar or coordinate level. This is of course unless there is some further fact which is material to the decision as the Court will then be capable of reaching a different conclusion.

In the case of Grant v Australian Knitting Mills [], the clothing manufacturer was charged with negligence of their own products, which they did not ensure the safety of the clothes and thus leaded to the personal injury of the consumer.

Continuity Precedent means following the example or ruling set by a court when judging a similar case. On the other hand, there are many inherent drawbacks that exist under the doctrine, such as the unnecessary restrictions that are placed upon judges to follow previous decisions.

This page summarises some of the advantages and disadvantages of common law.

Advantages and disadvantages

Arguably, whilst the HRA had a significant impact upon the judicial understanding of judicial precedent the underlying features of the doctrine remain unchanged and it is only a matter of time before all human rights issues have been dealt with by the Courts and the doctrine is fully restored.

The judge may be affected by emotional feelings. Your employer is not required to tell you the reason for terminating your employment, so you may not have an opportunity to explain the circumstances of the behavior that led to your termination.

Advantages and disadvantages

There are million of cases and law reports and they will only increase from time to time. However, there are also many objections to the strict use of judicial precedent and potential disadvantages to reliance on past decisions over other factors. Judicial precedent also prevents judges from producing prejudicial decisions since a judge will often be bound to follow a previous decision even if he disagrees with it.

Making law in decided case provides an opportunity for growth and legal development and ensures that the law is able to keep abreast with the continuous advances in society. Legislative Action Employee backlash over the potential for unfair terminations has led some state legislatures to provide safeguards for at-will employees.

Legal rules and principles can also be developed under this process and a more flexible judicial system is established. Because different judges reflect different point of view toward the case, therefore they give their own reason for the decision. Arguably, there are many advantages to the doctrine of judicial precedent, yet is unclear whether these outweigh the disadvantages which will be discussed in the next section.

Essay: Advantages and disadvantages of the doctrine of binding precedent

In theory this should provide a solid foundation for judges to base a future ruling off, provided the line of reasoning and conclusions reached follow the established precedent. How do you avoid the doctrine of precedent? And to make easy the accessing of these cases and previous decisions, uniform indexing methods have to be created and followed diligently.

As a result increases the confidence in legal system if there are logical explan…ations of approaches. Using the case R v R [] as an example, it is about a husband is held responsible for raping his wife.

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Besides, the perpetuation of bad decisions is the advantage if the doctrine of Stare Decisis. In effect, any human rights issues that have been dealt with will be subject to the precedent doctrine. The courts can also achieve law reform faster because they are not bound by the political and procedural constraints of the legislative process.

Courts of different states do try to make rulings in line with other states even though they do not have to. The doctrine of precedent is a rule which governs the courts. It means that the conclusion could be very different from the other judges. What are the advantages and disadvantages of precedent?

The courts provide ample opportunity for common law reform.Disadvantages Rigidity The courts have some ways to move and avoid precedent but these are restricted. If a case comes up in court it can be changed if it is a bad outcome, but cases and precedent can only change when a case comes to court.

Disadvantages of judicial precedent. Disadvantages: o Complexity and volume – a judgement from an appeal courts may contain three or five separate judgements which may differ from each other.

A judgement may be extremely long and it is for lawyers and judges in. Advantages of common law.

6 Advantages and Disadvantages of Judicial Precedent law expands on, clarifies and implements legislation. The wording of acts of parliament is often broad and generic, providing general instruction on the law but not how it should work in certain situations. This relatively absolutist doctrine had advantages and disadvantages in the Cuban Missile Crisis.

On the one hand, the doctrine helped to bring about the crisis in the first place. Precedent is the basis of common law and therefore the American judicial system. In theory, the proper application of past decisions should provide clarity and stability to court decisions.

This relatively absolutist doctrine had advantages and disadvantages in the Cuban Missile Crisis. On the one hand, the doctrine helped to bring about the crisis in the first place. If Kennedy had not been so adamant about preventing anything that even appeared to be an increase in communist power, he might have seen that the Soviets’ move was not really that much of a threat to the US.

Advantages and disadvantages of the doctrine
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