What are the pros and cons of precedent system?

Answer 1

Some people think it is a good thing because it is made by judges with more experience and more knowledge so this usally makes the decision made by the lower courts when they use the precident fairer and it also gives them guidence. It also saves time a lot of the time because they can just see the precident and see what the rough outcome should be instead of haveing to judge it for themselves. People also think precedent is a good idea because it is laws made by people who know a lot about law, unlike some of Parliament that make up some laws that arn't qualified in law, so they say that the lawyers and judges that make up the precedents are a lot more qualified in law.

On the other hand some people think that precedent is not necessary or that it is used too rigdilly. They think this because if a high up judge makes a mistake that gives a unfair outcome or sentence then all the lower courts have to follow it more people will be unfairly sentenced.

They also think it is good because it shows people a rough idea of the charges and the sentence they will get. It also is less likely that someone will be discrimanated against because they will be given a simarlar sentence to someone different.

But some people think it is a bad idea becasue it could stop the law from moving on and as the times change some of the sentences and outcomes set in precedent decades ago don't fit the 21st centuray. So a lot of people say it stops the law devopleing. It also takes a lot of time for the solicaters along time to look up cases where the precident can be applyed. Also sometimes they don't find a precedent because they don't look it up properly so someone could get a unfair precedent.