Case Law

Case Law

1. Disadvantages

   • Unconstitutionality: Making law rather than restricting themselves to the role of applying it
   • Fixity: The law in relation to any particular area may become fixed on the basis of an unjus precedent, with previous injustices perpetuated
   • Uncertainty: the degree of certainty can be undermined by the vast amount of cases reported. Increased by the ability of the Judiciary to select which authority to follow

2. Advantages

   • Consistency: This is an aspect of justice where cases are decided on certain basis
   • Flexibility: Judges can manipulate the Common Law, and this is achieved through the possibility of previous decisions being overruled or distiguished, or a later court extending or modiyng the ambit of the precedent
   • Efficiency: This refers to the fact that it saves the time of the Judiciary, lawyers and clients for the reason that cases do not have to be reargued
   • Certainty: Lawyers and their clients are able to predict what the outcome of a case is likely to be in the light of previous judicial decisions