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Advantages and Disadvantages of Judicial Precedent in the UK Legal System, Essays (university) of Law

This essay explores the concept of judicial precedent, a cornerstone of the british legal system. It delves into the advantages of precedent, including its contribution to clarity, predictability, efficiency, and the development of legal principles. However, it also examines the disadvantages, such as rigidity, contradictory precedents, and the potential for outdated rulings. The essay concludes by emphasizing the need for a balance between consistency and flexibility in the application of precedent to ensure a just and responsive legal system.

Typology: Essays (university)

2022/2023

Available from 04/14/2025

Aharaf22
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Advantages and Disadvantages of Judicial Precedent (724 words)
Introduction
A basic tenet of the British legal system is judicial precedent, commonly known as case
law. It alludes to the practise of judges using the verdicts of earlier cases as a guide to
inform their choices in comparable or connected situations. In the UK legal system,
judicial precedent is a cornerstone of consistency and predictability, but it also has
benefits and drawbacks. The goal of this essay is to examine both the benefits and
drawbacks of UK judicial precedent.
Judicial precedent advantages.
Clarity and Predictability: Clarity and predictability in the law are two of the main
benefits of judicial precedent. By adhering to previous rulings, the judiciary makes sure
that related matters are handled similarly. This uniformity promotes fairness and
ensures that the law is enforced consistently across the nation by enabling people and
businesses to have a reasonable expectation of the outcome when engaging in legal
proceedings.
Efficiency and Cost-Effectiveness: Judicial precedent improves the legal system's
efficiency and cost-effectiveness. Judges can use well-developed legal ideas and
reasoning when they depend on well-established precedents, which eliminates the need
to re-invent the wheel in every circumstance. As there is no need to start from scratch
with every new situation, this conserves time and resources. Additionally, relying on
precedent makes it simple for attorneys to discover direction and strong legal defences,
expediting the legal procedure.
Flexibility and Adaptability: Although judicial precedent offers certainty, it also
permits legal flexibility and adaptability. When necessary, courts have the authority to
deviate from or overturn established precedents. Due to its adaptability, the law can
change along with social needs and beliefs, ensuring that it is always current and useful.
Legal Principles Development: Judicial precedent is essential to the formation and
advancement of legal principles. Judges can improve legal concepts, remove
ambiguities, and close legal gaps through the process of contrasting and overturning
earlier instances. Due to the way precedent develops over time, the law is able to keep
up with cultural advancements and new legal issues.
Judicial precedent's disadvantages
Rigidity and Inflexibility: The potential for rigidity and inflexibility of judicial
precedent is one of the principal objections levelled against it. It can be challenging to
alter or depart from a precedent once it has been established. Even in situations where
society views and conditions have considerably altered, this might result in the
perpetuation of out-of-date legal principles or incorrect judgements. The fairness and
efficiency of the legal system can be compromised by a slow response time to changing
conditions.
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Advantages and Disadvantages of Judicial Precedent (724 words) Introduction A basic tenet of the British legal system is judicial precedent, commonly known as case law. It alludes to the practise of judges using the verdicts of earlier cases as a guide to inform their choices in comparable or connected situations. In the UK legal system, judicial precedent is a cornerstone of consistency and predictability, but it also has benefits and drawbacks. The goal of this essay is to examine both the benefits and drawbacks of UK judicial precedent. Judicial precedent advantages. Clarity and Predictability: Clarity and predictability in the law are two of the main benefits of judicial precedent. By adhering to previous rulings, the judiciary makes sure that related matters are handled similarly. This uniformity promotes fairness and ensures that the law is enforced consistently across the nation by enabling people and businesses to have a reasonable expectation of the outcome when engaging in legal proceedings. Efficiency and Cost-Effectiveness: Judicial precedent improves the legal system's efficiency and cost-effectiveness. Judges can use well-developed legal ideas and reasoning when they depend on well-established precedents, which eliminates the need to re-invent the wheel in every circumstance. As there is no need to start from scratch with every new situation, this conserves time and resources. Additionally, relying on precedent makes it simple for attorneys to discover direction and strong legal defences, expediting the legal procedure. Flexibility and Adaptability: Although judicial precedent offers certainty, it also permits legal flexibility and adaptability. When necessary, courts have the authority to deviate from or overturn established precedents. Due to its adaptability, the law can change along with social needs and beliefs, ensuring that it is always current and useful. Legal Principles Development: Judicial precedent is essential to the formation and advancement of legal principles. Judges can improve legal concepts, remove ambiguities, and close legal gaps through the process of contrasting and overturning earlier instances. Due to the way precedent develops over time, the law is able to keep up with cultural advancements and new legal issues. Judicial precedent's disadvantages Rigidity and Inflexibility: The potential for rigidity and inflexibility of judicial precedent is one of the principal objections levelled against it. It can be challenging to alter or depart from a precedent once it has been established. Even in situations where society views and conditions have considerably altered, this might result in the perpetuation of out-of-date legal principles or incorrect judgements. The fairness and efficiency of the legal system can be compromised by a slow response time to changing conditions.

Contradictory Precedents: Although judicial precedent seeks to establish consistency, it is possible for contradictory precedents to arise. Legal concepts may be interpreted and applied differently by various judges, leading to conflicting decisions. In such circumstances, the law is unclear, and people may find it difficult to comprehend their legal rights and obligations. Due to chances for forum shopping, where plaintiffs select jurisdictions based on favourable precedents, the concept of equal justice is undermined by the existence of conflicting precedents. Stifling Justice and Creativity: The rigid application of precedent might limit judicial imagination and hinder the creation of novel legal remedies. Even when they think an alternative strategy will result in a more equitable result, judges may feel compelled to follow long-standing precedents. In some situations, rigid adherence to precedent may lead to unfair judgements or a failure to fully address special circumstances. Precedents that are obsolete or out of date: As social values and conditions evolve over time, some precedents become out of date. These precedents continue to be enforceable, unless they are reversed or distinguished. Due to a law being applied in a way that does not take current societal demands and expectations into account, citizens may get frustrated and dissatisfied. Conclusion In the UK legal system, judicial precedent is a double-edged sword. Although it offers efficiency, certainty, and the emergence of legal concepts, it also has drawbacks. The justice and adaptability of the law may be threatened by its rigidity, consistency, and propensity for using precedents that are out of date. For the UK's legal precedent to remain effective and credible, it must strike a balance between upholding consistency and providing for required flexibility. In order to guarantee a just and responsive legal system, efforts must be made to lessen its drawbacks, such as the capacity to overrule and distinguish precedents.