'The doctrine of precedent limits the role of the courts as law-makers - VCE - SSCE Legal Studies - Question 10 - 2008 - Paper 1

The doctrine of precedent is foundational to the common law system. It establishes that lower courts are bound to follow the decisions made by higher courts in similar cases.

Flexibility of the Doctrine

One significant aspect of the doctrine is its inherent flexibility. Courts can interpret laws creatively by distinguishing between cases. When a new case arises, the court may determine that it does not set a precedent if the facts are sufficiently different from existing cases, allowing them to introduce new legal principles. Moreover, the doctrine does not prevent the courts from overruling prior decisions when societal views change or when previous rulings are deemed unjust. This flexibility enables courts to adapt the law to contemporary contexts.

Limitations from Precedent

Despite this flexibility, the courts are still constrained by past decisions. Strict adherence to precedent can limit the courts’ ability to introduce change, particularly in cases where the law is clear and stable. The principle of ‘stare decisis’, which promotes the consistency of law over time, can restrict innovative legal interpretations that may better serve justice in specific situations.

Conclusion

Ultimately, while the doctrine of precedent appears to limit the role of the courts as law-makers by obligating them to adhere to established rulings, it simultaneously offers avenues for substantial legal evolution. By distinguishing cases and occasionally overruling precedent, courts hold the power to adapt the law, reflecting changes in society and moral understandings.