Evaluation of statutory interpretation Flashcards
Advantages of the literal rule?
Respects parliamentary sovereignty.
Take the literal meaning of the word which creates certainty within the law.
Disadvantages of the literal rule?
It can create absurd and unjust results.
Doesn’t always cover what parliament intended to stop when creating the act. (Fisher V Bell)
Advantages of the golden rule?
Compromise between literal and mischief, when the literal provides an absurd result.
The judge only slightly alters words to respect sovereignty but still produces the desired outcome.
Disadvantages of the golden rule?
Some feel it gives too much power to judges and therefore can lead to inconsistency.
Law Commission said that there is no clear definition of what will constitute an absurd result and what will not, so this will not necessarily fix any problems.
Advantages of mischief rule?
Gives judges more flexibility when deciding what mischief parliament intended to stop. As they can ignore the wording of the act to get the desired outcome.
More likely to create a just and fair approach to sentencing and convictions.
Disadvantages of the mischief rule?
It disrespects parliamentary sovereignty as it gives judges too much power as they can just ignore wording and interpret the law how they want.
May misinterpret parliaments intentions and convict people who shouldn’t have been.
Advantages of the purposive approach?
This approach interprets the law so that its appropriate in today’s society. Which leads to justice in individual cases.
Gives judge more discretion that the literal rule so they can avoid creating absurd results.
Disadvantages of the purposive approach?
Judges are unselected and from a narrow background, so some feel this gives them too much power and allows judges to make law as opposed to parliament.
This may lead to greater inconsistency as judges interpret the law differently.
