What are the advantages of the doctrine of judicial precedent? Are there any disadvantages?

Consistency, certainty and the predictability of law, as well as its efficiency, are suggested as the major advantages of the doctrine of precedent

Explanation:

Advantages:

1. Judicial precedent offers the legal system access to consistency and predictability.

2. It also offers the judicial system a certain measure of flexibility.

3. There is always the potential in place to set a new precedent.

4. Judicial precedent helps the court system to save time on future rulings.

5. It creates a system which focuses on fairness.

6. The structure of judicial precedent works to prevent mistakes from occurring.

7. Judicial precedent reduces the likelihood of a successful appeal.

Disadvantages:

1.. Judicial precedent adds multiple layers of complexity to the legal system.

2. People may not agree on what the judicial precedent actually is in a case.

3. Every case must face uncertainty until a final ruling is made.

4. Judicial precedents create rigidity in systems that sometimes need flexibility.

5. It forces the justice system to look backwards instead of looking toward the future.

6. This process can introduce unnecessary restrictions into the law.

7. Judicial precedents can create more applicable decisions for a case than is necessary.

8. Some judges might look for reasons why the judicial precedent shouldn’t be followed.

9. Outside rules can change how the doctrine of judicial precedent applies.

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