ABSTRACT

As a source of law, case law can be legitimately criticised as lacking certainty. This is, of course, because it depends solely upon the reasoning of a judge, albeit within the context of judicial precedent. Not surprisingly, the judicial mind is often unpredictable, and different judges may come to varying conclusions about a particular set of circumstances. Ultimately, this makes it difficult to determine the outcome of a case. The process of distinguishing judicial precedent might be even more imprecise and subjective.