Advantages and disadvantages of rules of statutory interpretation Flashcards
2 Advantages of literal rule?
Respects parliamentary sovereignty
Provides certainty
2 Disadvantages of literal rule??
Where it leads to injustice, it can hardly be said to be enacting will of parliament
Assumes every act is perfectly drafted
1 Advantage of golden rule?
Provides a way of avoiding worst problems created by the literal rule while attempting to respect parliamentary sovereignty
2 Disadvantages of golden rule?
Two approaches can lead to further inconsistency
No definition of an absurd result
2 Advantages of mischief rule
Responds positively to loopholes
More likely to produce a ‘just’ result because judges try to interpret law in way parliament meant
2 Disadvantages of mischief rule
Judges going beyond their authority by filling in gaps
May lead to uncertainty, hard for lawyers to advise clients.
2 Advantages of Purposive approach.
Most likely to lead to justice
Gives judges discretion on when and how to avoid absurdity of literal rule
2 Disadvantages of Purposive approach
How can judges know parliaments intentions?
Leads to uncertainty
