Advantages of Judicial Precedent in Justice

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23 October 2021

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The first benefit of judicial precedent is certainty; this means the lawyers are capable of predict the finish result of the case as a outcome of Judges following the identical guidelines and the same Ratios this is a good thing because it means Lawyers may prepare clients for the extra severe or the best to one of the best of their ability, and this might save time and money as nicely. Sir Rupert Cross-Doctrine of precedent has a specific emphasis on rigidity and certainty.

Another advantage is flexibility; the regulation is ready to develop in ways that reflect social and technological circumstances and doesn’t have to attend for the permission from Parliament, it additionally allows the frequent law system to answer new situations like in Mcloughlin O’Brien’s case the place the Supreme Court prolonged the legislation on nervous shock to cowl new situations throughout the case.

Consistency, this means that similar circumstances are handled in the identical way, and this makes the law fair and credible and makes our legal system revered in other countries.

Another would be its real and reals with actual life situations, case laws deal with situations that come up in apply – actual information in real conditions – not like statues and if an unforeseen situation arises, judges can check with present precedents and adapt the regulation to meet the new state of affairs.

Another advantage would be Original precedents, this enables for new or unique precedents to be created and this occurs when there is no earlier choice on the matter or case and this subsequently means an authentic precedent subsequently makes legal provision on a matter for which there was no beforehand no.

In Gillick V West Norfolk and Wisbech Area Health Authority the House of Lords needed to determine whether or not or not ladies underneath sixteen could be prescribed contraceptives with out parental consent. This matter had not arisen before the courts earlier than, and parliament had offered no steerage.

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"Advantages of Judicial Precedent in Justice" StudyScroll, 23-Oct-2021. [Online]. Available: https://studyscroll.com/advantages-of-judicial-precedent-in-justice-essay. [Accessed: 27-Sep-2022]

StudyScroll. (2021). Advantages of Judicial Precedent in Justice. [Online]. Available at: https://studyscroll.com/advantages-of-judicial-precedent-in-justice-essay [Accessed: 27-Sep-2022]

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