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Doctrine of Judicial Precedent

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Doctrine of Judicial Precedent

Question: It is one of the disadvantage of doctrine judicial precedent that " Patchwork nature means that the case law is reactive rather than proactive"

So please can anyone explain this point to me?

Thank you.

February 5th 2015 AN ACCA USER 150 Points

3 Replies

+1 Vote

Doctrine of Judicial precedence has the idea that judges use and apply precedents exercised by previous judges on the cases which have similar material facts to engage consistency in the judgement process. therefore this rule has both sides of the coin....on the disadvantage you can see that "this is a patch work" which is reactive rather proactive :- pro-activeness means the ability to relay on in terms of judgement what is coming up in the future rather relying on precedents set out by old judges-

February 11th 2015 AN ACCA USER 2,010 Points
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Thanx alot that also helped me
March 21st 2015 AN ACCA USER 450 Points
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very good explained

February 26th 2017 AN ACCA USER 17,840 Points