WEAKNESSES
1) Lower courts must follow a binding precedent even though they may consider it to be outdated or inappropriate
2) Given the large amount of precedents in existence, and the
possibility that different judges will use different legal reasoning in the same case, the process of identifying the relevant precedent can be time consuming and costly for
the parties
3) Judge in superior courts may be reluctant to change an
existing precedent, preferring parliament, as the supreme law-making body, to change the law. Similarly, with the
exception of the High Court, courts of the same standing, by convention rarely overrule their own precedents
4) Judges can only interpret legislation and establish precedents
when an appropriate case is brought before a superior court, which is generally reliant on parties being willing to
pursue a dispute through the appeal process
5) Courts can only clarify the meaning of legislation after a
dispute over its meaning has arise (i.e ex post facto)