12 marks literal rule advantages and mischief rule disadvantages Flashcards
1
Q
12 marks Literal rule Advantages
A
Parliament supremacy
Certainty
Quick decisions
Encourage parliament to amend and reform
Parliament have to be clear with their language.
Respect seperation of power.
2
Q
Why is there certainty?
A
As results are predictable so judges should come to the same interpretation.
3
Q
Mischief rule Disadvantages 12 marks
A
Too much power to judges
Difficult to apply
Uncertainty
Outdated
4
Q
Why is there uncertainty?
A
Statutes can be over ruled by reinterpretation
5
Q
Why is it outdated
A
Made in 1584
6
Q
Why is there parliament supremacy?
A
gives effect to the
precise words legislated.
7
Q
How does it respect the separation of powers?
A
As the judges have
minimal or no legislative function.
