Учебный год 22-23 / case law

Romodanova Olga

Group 102

TASK VIII

Advantages of case law and judicial precedent

Judicial precedent makes judges’ decisions predictable independently of the judge. In contrast to statutes case law is a response to real situations and it also gives more information than statute. Developing of case law should be in line with market forces; if the ratio of a case is seen not to work, it will be abandoned, if it works it will be followed Case law is more flexible than statute law.

Disadvantages of case law

It’s very difficult to find necessary precedent because of a huge number of cases which are added all the time. Also, even inappropriate precedent should be followed due to the fact of his binding force. There are a lot of different precedents in similar circumstances which causes additional difficulties. More than that, it’s not excluded that some cases are appeared with pressure of money, and when another cases are based on them, the whole structure can collapse. In making precedence judges should save their impartiality, that’s why they can’t or consult experts as Parliament can when changing the law. Changing law by precedents dangerous in that people could don’t know that new precedent appears and a new rule is to be enforced.