(i) Certainty and predictability:stare decisis enhances certainty in law and predictability in the
legal system. In Dodhia case Newbold observed that a system of law required a
considerable degree of certainty.
(ii) Consistency and uniformity:stare decisis promotes consistency in decision making. This is
because similar cases are decided alike. This enhances or promotes uniformity in the
administration of justice.
(iii) Rich in detail: many decision have been made. Case law is one of the richest areas of law.
(iv) Flexibility: it is contented that when judges in subsequent cases attempt to
distinguish earlier decisions of other judges, this introduces some flexibility into the legal
system.
(v) Aptitude to growth: it is argued that case law grows with time in that superior courts
are free to depart from previous decisions if circumstances justify.
(vi) Convenience: Judges in subsequent cases apply the law as formulated in previous
decisions,thus case law is convenient in application in that judges are not obliged to
formulate principles all the time.
(vii) Practical: propositions of law are formulated on the basis of prevailing circumstance. It is
a practical approach to resolution of legal problems.
maurice.mutuku answered the question on May 1, 2018 at 08:26
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