Doctrine of Stare Decisis~~

In my opinion, the advantages will be it saves up a lot of time when judging a case. This is because a particular case will have an answer already if the nature of the case is similar to the past cases and therefore the conclusion should be the same. Besides that, it also prevents mistakes. The existences of a guide will prevent judges from making any mistake when making decisions. It also gives a greater certainty in the law. Overall i would say that it creates a great uniformity in the Malaysian Law system.

On the other hand, the disadvantages will be lack of relevance for the current era in my opinion. As time passes by, people might have different perception on things and past law might not be as useful now. Things that are not acceptable in the past might be accepted now. This eventually creates a scenario that the law is stick or glued to the past. What if the past judgement is wrong as there not not much technologies to support the evidence and there is now. Should the court decision be the same as the past? In addition, this doctrine somehow will limit the developments of the law. Though there will be room for law or acts to be furthere establishied but i do believe it somehow will slow down the entire process.

Posted by ahkeenz at 8:37 PM