Simply describing what a court decided is not critical analysis — it is narration. To achieve higher marks, you must evaluate the court's reasoning, compare it with other authorities, and assess whether the decision is principled.
Step 1: Identify the Ratio Decidendi
Before you can analyse a case, you must accurately identify the ratio decidendi — the legal principle that the case establishes. Distinguish this from obiter dicta (remarks made in passing).
Step 2: Evaluate the Reasoning
Ask yourself: Is the court's reasoning logically consistent? Does the decision follow from the precedent cited? Are there any policy considerations driving the decision that the court does not explicitly acknowledge?
Step 3: Compare with Other Authorities
Situate the case within the broader legal landscape. How does it relate to earlier decisions? Has it been distinguished, applied, or overruled? Do academic commentators agree with the court's approach?
Step 4: Consider Dissenting Judgments
Dissenting judgments are gold dust for critical analysis. They provide a ready-made counter-argument that you can engage with.
Step 5: Assess the Broader Impact
Consider whether the decision promotes certainty, fairness, or efficiency in the law. Does it align with Law Commission recommendations?
Useful Phrases for Critical Analysis
- "While the court's reasoning in X is internally coherent, it fails to account for..."
- "Professor Smith persuasively argues that the ratio in X is too narrow because..."
- "The dissent in X raises a compelling objection, namely that..."
- "This decision creates an uncomfortable tension with the earlier ruling in Y..."