Consider the doctrine of judicial precedent in the law of England and Essay

Consider the doctrine of judicial precedent in the law of England and Wales, having particular regard to its advantages and disadvantages. Cite relevant case law examples in support of your answer - Essay Example The majority of those who support precedent tend to overlook the justice seeking benefit provided by this concept, and are inclined to praise its practical value (Bader & Cleveland, 2011, p. 35). As such, precedent is the intersection of law and justice. The principal value of precedent arises not from its capacity to commit judges to some specific course of action. This value is due to its capability to generate constraint, while permitting a certain amount of discretion. The common law rests on a strong rebuttable presumption that earlier decisions are to be followed (Waddams, 2009, p. 132). It does not require an inviolable presumption in this regard. The contention that stare decisis leads to a rebuttable presumption has been deemed to be incomplete in some quarters. This is due to the fact that there is no indication regarding the strength of the presumption. Moreover, there is an absence of precision regarding the circumstances and reasons for being rebutted (Waddams, 2009, p. 133). This enables citizens to conduct their affairs in a manner that is certain and predictable under the law. Speculative traders could benefit significantly as they would be in a position to determine the stance to be adopted. For instance, the French Civil Code was aimed at protecting French citizens from the prejudicial behaviour of the courts of the Old Regime. Similarly, the fear and chaos prior to and during World War II, was to some extent due to the destruction of certainty and consistency of the law (Luyulei, 2011). For every conceivable situation, precedent has the capacity to provide an analogy. In conjunction with the flexibility possessed by the doctrines of distinguishing and ratio decidendi, the courts are enabled to make incremental adjustments to the law, in order to satisfy the requirements of justice (Luyulei, 2011). Due to precedence, a case builds upon the other, and the law experiences logical development. Moreover,