Discuss three advantages of judicial precedents
- Certainty and Predictability: In Dodhia V. National and Grindlays Bank the Court of Appeal was emphatic that “a system of law requires a considerable degree of certainty.” Case law makes a legal system certain and predictable.
- Consistency and uniformity: case law facilitates consistency and uniformity in the administration of justice as similar cases are decided in alike.
- Rich in detail: many decisions which constitute precedents have been made.
- Practicality: judicial precedent is practical in that principles or propositions of law are formulated on the basis of practical circumstances that demand legal solutions.
- Flexibility: it is contended that case law is flexible in that judges in subsequent cases attempt and sometimes succeed in distinguishing earlier decisions so as to justify departing from them.