Common law is a legal system that follows precedents. This means that bad decisions are likely to be upheld and repeated in similar cases. This disadvantage of common law is particularly serious in the United States where it has been used to disproportionately impact minority groups. In addition, judges have little time to review changes to the law because of the long process of parliamentary reform. As a result, poor decisions may become entrenched for many years.
A disadvantage of the common law is that it does not have the requisite detail to respond to unforeseen cases. Parliament cannot anticipate every possible situation, so the common law must find ways to respond to those circumstances. A common law system also relies on the doctrine of precedent to maintain stability in the legal system. Moreover, precedents are often developed by senior judges of higher courts, lending them the authority of experience. Therefore, it can be argued that the common law system has several advantages and disadvantages.
The first disadvantage of common law is that it is undemocratic. Because the courts are the supreme law-making body, the constitution of a country may not reflect the values of its citizens. Furthermore, there is the possibility of parliament altering the common law. However, this is not a guarantee. Therefore, it is still an important advantage of common law. The courts have the power to change laws according to the current social climate and society tunai4d..
