Advantages of Doctrine of Judicial Precedent Essay

941 WordsJun 15, 20154 Pages
Consistency & Fairness: Precedent provides consistency and fairness because defendants know they will receive the same treatment no matter where their case is heard or who is hearing the case. As in sport, the rules of law will be applied equally to both sides. Precedent also means that judges cannot make random or arbitrary decisions because judges are bound to apply binding precedent in similar cases.'Everyone is treated equally' and will get same punishment for the same case or offence. For example, in the case of Donoghue v Stevenson (1932) AC 562, the decision is Mrs Donoghue is entitled for the remedy of damages in the case. Therefore after that, this case is bind. So when there is case which has similar facts with this case - Grant v Australian Knitting Mills Ltd (1936) AC 85, the plaintiff is entitled for the claims of damages by following the case of Donoghue v Stevenson. There is uniformity as everyone is treated equally and it is fair for them. This fairness is important as there is a principle that we should all have access to justice and the courts. This principle would be made more difficult to achieve if it was the case that there were inequalities and there was one law for the rich and one for the poor. Mr Justice Darling J was reported as saying “The law, like the tavern, is open to all". Lord Justice Matthew elaborated by saying “In England justice is open to all, like the Ritz” pertaining to the fact that you may be able to enter the Ritz but you would need money to make full use of the service there. In recent times an independent judiciary is seen as an essential but separate arm of the state and no less important than the executive part of government and the legislature. Flexibility: This refers to the fact that various mechanisms by means of which the judges can manipulate the common law and provide them with an opportunity to

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