Law Consistency Essay

391 Words2 Pages
Consistency Bring consistency to the English legal system Case with similar facts will be treated in the same manner Prevents judges making random decisions Promotes justice and equal treatment Law remains the same, which helps people plan their affairs Predictability Lawyers are able to advise their clients with some degree of certainty Predictability is important in determining who should qualify for Government help in funding their legal action The Government does not fund cases which have little chance of success as this would be a waste of taxpayers’ money Flexibility Judges can develop the law – e.g. overruling an out-dated precedent House of Lords can use the Practice Statement – meaning the law can be developed in areas not considered important by Parliament Modernising decisions may prompt Parliament to review legislation and bring I in line with precedent – R v R (1991) – Parliament amended the Sexual Offences Act 1956 – stating that marital rape is a crime original precedents# The doctrine allows for new or ‘original’ precedents to be created An original precedent makes legal provision on a matter for which there was previously no law Gillick v West Norfolk and Wisbech Area Health Authority (1985) – Supreme Court deciding on whether girls under 16 could be prescribed contraceptives without parental consent. This issue had never arisen before Complexity Judgements can be complex and it can be hard to decide the ratio decidendi of a case In CoA and Supreme Court there is more than one judgment to consider and a common ratio decidendi has to be considered by judges in future cases A judge can give more than one ratio – Rickards v Lothian (1913) – water flooding Volume It is difficult to research the law Hundreds of judgements are made every year This means someone may have to sift through many volumes of law

More about Law Consistency Essay

Open Document