Flashcards in 3.3.5 Strengths and Weaknesses of Law-Making through the Courts Deck (14)
A decision must be made
A decision must be made:
Courts must settle disputes that come before them. Therefore courts provide an immediate response to what the law should be in relation to a particular issue
A case must come before the court.
A case must come before the court:
Courts cannot determine what the law is unless a case is brought before them. Courts cannot comprehensively research, review and make sweeping changes to the law.
Courts have some flexibility in avoiding or developing precedent through RODD.
Courts may be bound by old precedent, which could lead to unjust results. Unless a court is considering a novel situation, it must follow an existing precedent. The methods of avoiding precedent are limited in nature. Disapproving doesn't change precedent. Overruling is only available to higher courts.
The Doctrine of Precedent allows some levels of consistency in decision-making. Similar cases with similar facts need to follow precedents in higher courts, enabling fairness and predictability.
Where the law is unclear, parties may not know how the law will be applied until after a dispute arises and is resolved by the courts.