12 marks literal rule disadvantages Flashcards
What are the disadvantages?
Absurd and harsh results
Undermine parliament intention
Parliament has to amend legislation
Pedantic nature
Origins in the 19th century
Unrealistic limitations on the ability of judges
Absurd case
Chappel
Harsh case
Berriman
Undermine parliament intention
Cheeseman
Parliament has to amend legislation case
Bell
Why is it a problem parliament have to amend legislation?
Great cost and inconvenience
What’s the issue with the pedantic nature?
Ignores realistic limitations of language
Why is the literal rule being originated in the 19th century a disadvantage?
Better suited to industrial revolution rather than modern day technological society.
Why is there unrealistic limitations on judges?
On their ability to judge and interpret broader contexts.
