Discuss the advantages of judicial precedent. (10 marks)

A sound answer should discuss, at minimum, three of the points mentioned below, supported by a case example where appropriate.

Certainty - a judge ultimately has to reach a decision in a case, and lawyers can advice their clients on the state of the current law and how it is likely to affect the case.

Flexibility - appreciation that judges are used to adapting the law to new or slightly different situations despite precedent. 

Precedent decisions (particularly those of the appeal courts) - they provide detailed rules for later cases to follow as similar cases with similar points of law should be decided in the same way, following the ratio decidendi. 

Judges (particularly those of the higher courts such as the supreme court) - carry great authority and their decisions are respected as being impartial. 

The benefit to new / inexperienced judges in lower courts to be able to rely on the reasoning from the judegments of more senior judges higher up in the court hierarchy.

ER
Answered by Eva R. Law tutor

13610 Views

See similar Law A Level tutors

Related Law A Level answers

All answers ▸

How to distinguish between voluntary and involuntary manslaughter


The law on the non-fatal offences against the person has been subjected to frequent criticism but little reform has been attempted. Evaluate the current law and suggest what reforms may be desirable.


What is the difference between Actus Reus and Mens Rea?


Explain how judges can use powers of overruling and distinguishing to avoid following a binding precedent.


We're here to help

contact us iconContact ustelephone icon+44 (0) 203 773 6020
Facebook logoInstagram logoLinkedIn logo

MyTutor is part of the IXL family of brands:

© 2026 by IXL Learning