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Advantages of case law (importance of stare decisis):
1. Certainty and predictability; Stare Decisis promotes certainty in law and renders a legal system predictable. In Dodhia’s Case 1970, the Court of Appeal was emphatic that „a system of law requires a considerable degree of certainty.?
2. Uniformity and consistency: Case law enhances uniformity in the administration of justice as like cases are decided alike.
3. Rich in detail: stare decisis is rich in detail in that many decisions which are precedent
shave been made by courts of law.
4. Practical: Principles or propositions of law are formulated by superior courts on the basis of prevailing circumstances hence the law manifests such circumstances.
5. Convenience: Case law is convenient in application in that judges in subsequent cases are not obliged to formulate the law but to apply the established principles.
6. Flexibility: It is contended that when judges in subsequent cases attempt to distinguish earlier decisions as to justify departing from them, this in itself renders the legal system flexible.
Disadvantages of case law:
1. Rigidity: Strict application of stare decisis renders a legal system inflexible or rigid and this generally interferes with the development of law.
2. Bulk and complexity: Since stare decisisis based on judicial decisions and many decisions have been made, it tends to be bulky and there is no index as to which of these decisions
are precedent. Extraction of the ratio decidendi is a complex task.
3. Piece-meal: Law-making by courts of law is neither systematic nor comprehensive in nature. It is incidental. Principles or propositions of law are made in bits and pieces.
4. Artificiality in law (over-subtlety): when judges in subsequent cases attempt to distinguish indistinguishable cases, they develop technical distractions or distinctions without a difference. This makes law artificial and renders the legal system uncertain.
5. Backward looking: Judges or courts are persuaded / urged to decide all cases before them in a manner similar to past decisions. It is contended that this practice interferes with the ability of a judge to determine cases uninfluenced by previous decisions.
NatalieR answered the question on May 10, 2022 at 12:01
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