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Case Law (Disadvantages (Judges can be forced to make decisions that are…
Case Law
Disadvantages
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Judges may distinguish on facts in order to avoid a precedent which leads to uncertainty about the way the law will be decided
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Can be difficult to establish which facts are the ratio decidendi and therefore the binding elements of a case
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Advantages
Precedents provide consistency, leading to certainty about the way that the law will be decided
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As precedents can be avoided, they are adaptable to new situations and are therefore more flexible than legislation
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