Advantages and Disadvantages of Doctrine of Stare Decisis

According to Wikipedia.com, Doctrine of Stare Decisis is the English system of precedent which is based on the Latin maxim: "Stare Decisis et Non Queita Movere", stand by what has been decided and do not unsettle the established. The idea is that by following precedents, which are the previous decisions of judges, fairness and certainty will be provided.

There are several advantages for Doctrine of Stare Decisis. One of the advantages is time-saving where it can avoids unnecessary litigation. Besides that, it also leads to an orderly development of the law. Only the Lords can overrule it's previous decisions and the hierarchy of the courts ensures that lower courts follow higher courts. Greater certainty in the law also one of the advantages where it is the most important advantage claimed for the doctrine of judicial precedent. It allow persons generally to order their affairs and come to settlements with a certain amounts of confidence. Lastly, it can become thoughtless where the convenience of following precedent should not be allowed to degenerate into a mere mechanical exercise performed without any thought.

Next is the disadvantages of Doctrine of Stare Decisis which are rigidity, complexity, illogical reasoning and slow to grow. Rigidity which mean bad principle is binding where judicial is limit. As for complexity, it increases the costs and time taken for litigation through research. Illogical reasoning which mean the differences between some cases may be very small and appear illogical. According to http://members.multimania.co.uk/lawnet/PRECED.HTM, it written that illogical distinctions are made to avoid precedents. Lastly, is the slow to grow which mean some areas of the law are unclear or in need to reform.