The advantages of the precedent system are said to be consistency, certainty, efficiency and flexibility, avoid mistake and prevent injustice. Consistency provides a measure of formal justice to the extent that like cases is decided on a like basis. This system is greater certainty in the law. It may allow persons generally to order their affairs and come to settlements with a certain amount of confidence. Thus lawyers and their clients are able to predict what the light of previous judicial decisions. Efficiency refers to the fact that it saves the time of the judiciary, lawyers and their clients for the reason that cases do not have to be reargued. It also benefit of saving the money of potential litigants. Next flexibility is achieved by the possibility of decisions being overruled and by the possibility of distinguishing and confining the operation of decisions which appear unsound, the latter process being particular importance. Besides, it can avoid mistakes. The existence of a precedent may prevent a judge making a mistake that he might have made if he had been left on his own without any guidance. Next is prevents injustice. The doctrine of precedent may serve the interests of justice. It would be unjust to reach a different decision in a following case. The system of precedent also good because it can ensures impartiality of judge. The interests of justice demand impartiality from the judge. This may be assured by the existence of a binding precedent, which he must follow unless it is distinguishable. If he tries to distinguish an indistinguishable case his attempt will be obvious.
There are some disadvantages of the system of precedent. First it can become thoughtless. The convenience of following precedent should not be allowed to degenerate into a mere mechanical exercise performed without any thought. Next disadvantage is there are too many precedents. The citation of authority in court should be kept within reasonable bounds because it can be...