role of Flashcards
advantages of judicial precedent
Certainty- Lawyers can advise on how the court may handle a case and it’s outcome. This is beneficial as it means they can decide whether they think they may win a case or not.
Consistency- Using precedent it allows cases with similar fact to be treated a similar way. This creates consistency in court.
Disadvantages of jury
Can be influenced by media
Dont have to give reason for their verdict, no guarantee they understood or not
When is mediation used
In domestic disputes e.g matrimonal matters
How is the mischief rule used
(Using heydons case)Judges will look the common law before the law was made,the mischief it did not provide,and what parliament put in place to remedy that.
Disadvantages of mischief rule
Allows judges to make law(lord scarmann said they shouldnt as they are not elected)
creates a crime after the event has taken place, which can be seen in the Smith v Hughes case
Advantages of mischief rule
Fills gaps in law
what is parliamentary supremacy
The Parliament can make laws concerning anything.
No Parliament can bind a future Parliament (it cannot pass a law that cannot be reversed by a future Parliament)
A valid Act of Parliament cannot be questioned by the court.
What is the purposive approach
Allows court to see the purpose of the law when interpreting the statute
Advantages of purposive approach
It gives effect to Parliament’s Intentions. It makes sense to look at the purpose of an act.for interpreting it. For example, in Jones v Tower Boot, some may say the intention of parliament was to stop racism at work, even if it was not explicitly said.
Why is flexibility an advantage of the purposive rule
It provides even more flexibility than the Mischief Rule as it promotes the purpose of the law and nothing else
Why is mischief rule undemocratic
It gives too much power to unelected judges.
: Parliament should not rely on judges to give effect to important changes in the law. The democratic solution would be for Parliament to pass on amending Act
advantages of literal rule
An advantage of the literal rule is that it forces judges to carry out Parliaments intention. This is important as it stops unelected/appointed judges from making law, which would be contrary to the doctrine of the separation of powers. … It can also provide certainty in law, when it can be otherwise ambiguous
