Advantages & Disadvantages of Statutory Interpretation

Question 1

DisAdv; Golden Rule; Feeble Parachute

Answer 1

• Zander

Question 2

Adv; Literal Rule; Easier to Predict how the Judges make their Decision

Answer 2

• Allows lawyers to know what the law is and how judges will apply it.

Question 3

DisAdv; Literal Rule; Not All Acts Perfectly Drafted

Answer 3

• Whiteley v Chappell, D was not guilty of voting under another person’s name.

Question 4

DisAdv; Literal Rule; Have More than One Meaning

Answer 4

• Difficulty in wording of ‘type in dangerous dogs act 1991.

Question 5

DisAdv; Literal Rule; Can Lead to Unfair or Unjust Decisions

Answer 5

• Berriman, workman’s widow unable to claim compensation when he was killed maintaining a track.
• Failed as he was not ‘repairing or relaying’ it.
• Zander says rule is mechanical and divorced from reality.

Question 6

Adv; Golden Rule; Respects Words of Parliament

Answer 6

• In limited situations.

- It provides an escape route.

Question 7

Adv; Golden Rule; Avoids Worst Problems of Literal Rule

Answer 7

• Re Sigsworth

Question 8

DisAdv; Golden Rule; Only Used in Certain Situations

Answer 8

• Used on rare occasions.

Question 9

DisAdv; Golden Rule; Feeble Parachute

Answer 9

• Zander, an escape route but it can’t actually do much.

Question 10

Adv; Mischief Rule; Fills Gap in Law

Answer 10

• Smith v Hughes

Question 11

DisAdv; Mischief Rule; Risk of Judicial Law Making

Answer 11

• Smith v Hughes, Lord Parker