Judicial Precedent

Judicial Precedent Advantages and Disadvantages
Judicial precedent is the process through which judges follow predetermined cases by
which the facts are substantially similar. The judicial precedent theory requires the
implementation of the stare decisis principle (to stand by the ruling). This implies, in practice
that inferior courts in earlier cases are expected to adopt the legal principles established by
superior courts. This guarantees continuity and legal predictability. The ruling or judgement of a
judge may be divided into two segments: the ratio decidendi or reason for making the decision
and the orbiter dictum which means something said by the way. A case's ratio decidendi is the
legal principle on which a decision is based. When a judge makes a verdict in a trial, he presents
the facts that he believes to have been based on the evidence. He then follows the rule and makes
a conclusion, and he provides the justification (ratio decidendi). If the facts of the case had been
different, the judge can then theorize what his decision would have been. Hence obiter dictum.
According to Murgan et al, “a precedent is said to be binding when the lower court within which
it is being used is bound to follow the decision of the higher court. This means judges of lower
court must follow decisions of superior court but can choose whether or not to follow decision of
inferior court or court of coordinate level with them” (Murgan et al).
The precedent doctrine provides certainty in the law that helps the legal professionals to
provide their clients with more helpful advice under the law as they know what to expect as
follows previous decisions relating to the strength of the evidence or end result of any legal case.
This assurance leads to consistent and fair decision-making, as similar cases are handled in a
similar manner. Precedent also has the advantage of very detailed definition of law areas, a
process known as precision. It is therefore time-saving as no regulations were written or enacted.
Nevertheless, due to flexibility in decision-making, law can change over time. The precedent
system means policy can be clear, and this is a good thing, of course. When the law is consistent
and reliable, regulating their lives according to the law is easy for people. This will help them to
avoid unnecessary conflicts if people understand what the law is. That will save time and
resources. This also means that the law is more than just a judge's seemingly random or personal
opinions.
When a case is heard for the first time, the outcome of any future cases in similar
circumstances will set a judicial precedent. New challenges occur in life all the time and do not
always fall within legal regulations or prior rulings. This principle of judicial systems enables a
judge to take into account similar cases in the past which are not exactly alike or even take
matters from other countries and rule on the basis of the information provided. That procedure
may then set rules in some countries that serve as a basis for future instances. Once the judge
follows the precedent, the outcome of the trial also provides a stronger basis for future appeals.
Since the ruling is the same as previous cases in similar situations, the appeals courts are more
likely to allow the original decision to remain. That benefit is possible because the laws
governing the system of decision-making are considered as a valid interpretation of what the
initial statutes are intended to express.
A major disadvantage in judicial precedent has to do with complexity and volume. An
appeal court decision can include three or five different decisions that may vary from one
another. Sometimes a decision can be exceptionally long and the ratio decidendi must be
developed by lawyers and judges in future cases. Different opinions may be given about the ratio
or what the obiter is. Another disadvantage is the courts have a few ways of moving and
following precedent, but they are constrained. If a case appears in litigation, it can be reversed if
it is a bad outcome, but it can only change cases or history when a case gets to court. R v R 1991
could change only when the case was brought to court, but it was clear that for a long time
people did not believe that rape was permissible within marriage (Wikipedia). Only until
legislation and regimes change hands can parliament enact so many laws in its lifespan. It cannot
put Parliament's acts through as quickly as possible to resolve the issues that judges with powers
to avoid precedent and bad cases are able to.
It is also said that precedent can create a rigid and uncompromising legal system. Social
conditions may have change and the original solution of the law to a problem may no longer be
the right one today? In a case, judges may then be required to apply a precedent to reach an
unsuitable decision. The precedent system may therefore mean that the law cannot modify as
much or as fast as is required. In a particular case, there are ways in which judges seek to avoid
precedence by which they do not want to be bound. This may lead to more versatility, but it also
decreases clarity otherwise. One of the primary ways in which judges do this is to distinguish
between the previous cases. That implies that they find that the facts of the case before them are
substantially different from the previous evidence, so they are not constrained by that precedent.
Therefore precedence in the court hierarchy may also be overridden or entirely removed by
higher courts.
In conclusion we’ve seen that judicial precedent is a very common practice which is used
on a regular basis in case law. Among the advantages is its flexibility and consistency in its
application, which can be extremely beneficial to everyone. However, it can lead to complexity
and high volume along with uncertainty in certain circumstances. Undoubtedly though, judicial
precedent is here to stay as it does more good than harm in the legal landscape.

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Judicial Precedent Advantages and Disadvantages

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