advantages and disadvantages of rule of interpretation

Question 1

Literal rule advantages

Answer 1

Creates certainty in the law
Easy to use and saves time
Respects parliamentary supremacy

Question 2

Literal rule disadvantages

Answer 2

Leads to absurd decisions
May be hard to agree on ‘literal’ meanings
Assumes unattainable perfection in drafting

Question 3

Golden rule advantages

Answer 3

Avoids absurd decisions
gives rise to parliament’s true intentions
Applies to words with multiple meanings

Question 4

Golden rule disadvantages

Answer 4

Creates uncertainty in the law
Erodes parliamentary supremacy
Inflexible

Question 5

Mischief rule advantages

Answer 5

Avoids absurd decisions
Achieves parliament’s true intent
Promotes flexibility

Question 6

Mischief rule disadvantages

Answer 6

Creates uncertainty in the law
Erodes parliamentary supremacy
Limited to fixing one problem

Question 7

Purposive approach advantages

Answer 7

Avoids absurd decisions
Achieves parliament’s true intent
flexibility, allows for social, economic, technological change

Question 8

Purposive approach disadvantages

Answer 8

creates uncertainty in the law
Erodes parliamentary supremacy
Judiciary too powerful