Question
Read the following passage selected from Solicitor (24/07) v Law Society of Hong Kong (2008) 11 HKCFAR 117, by the Chief Justice Andrew Li, at
Read the following passage selected fromSolicitor (24/07) v Law Society of Hong Kong(2008) 11 HKCFAR 117, by the Chief Justice Andrew Li, at 140:
Certainty in the law and predictability and consistency in its application are of great importance. They provide the foundation for the orderly conduct of commercial, business and other activities. When disputes arise, they provide the basis for the negotiation and conclusion of compromises to settle them. On the other hand, too rigid and inflexible an adherence to precedents may impede the proper development of the law and may cause injustice in particular cases. There is thus a tension between the need for certainty, predictability and consistency and the need for adaptability, flexibility and justice. A proper balance has to be struck between these conflicting demands.
With reference to the extracts cited above, critically evaluate how the doctrine of precedent help solve the tension between the desire to uphold certainty and that to do justice.
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