Advantages and Disadvantages

Question 1

ADVANTAGES - Literal Rule

Answer 1

Larry Likes Penuts

• Law makings left to Parl
• Leaves the law more certain - interpreted as written
• Provides no scope for judges to use their own opinions for prejudices to ensure the law making

Question 2

DISADVANTAGES - Literal Rule

Answer 2

Angela Walks Perfectly

• Assumes that every Act all be perfectly drafter - Whiteley V Chappell
• Words may have more than one meaning - Dangerous Dogs Act 1991 and North Eastern Railway Co V Berriman
• Professor Michael Zander has denounced the literal rule as being mechanical and divorced from the realities of the use of language.

Question 3

ADVANTAGES - Golden Rule

Answer 3

Really Appreciated

• Respects the words of Parliament because it is only used in limited situations
• Avoids the worse problems of the literal rule

Question 4

DISADVANTAGES - Golden Rule

Answer 4

Crunchy Apples

• Can only be used in limited situations
• A ‘feeble parachute’ - Zander

Question 5

ADVANTAGES - Mischief Rule

Answer 5

Jason Always Talks Gibberish

• ‘Just results’ - privets absurdities from happening
• Allows the law to develop and adapt to changing needs - society and technology changing quickly
• The mischief rule allows judges to interpret the law how Parl intended them to be
• Gives judges freedom to look at the gaps in the law and fill them - this ensures justice and not absurdity.

Question 6

DISADVANTAGES - Mischief Rule

Answer 6

Rain Needs Lots (of) Clouds

• Risk of judicial law-making
• Not as wide as the purposive approach
• Limited to looking back to the law prior to the Act
• Can make law uncertain