Statutory Interpretation

Question 1

4 Advantages on literal rule

Answer 1

1)Constent outcomes
2)Creates certainty
3)Respects parliamentary sovereignty
4)Less prone to bias

Question 2

4 Disadvantages of literal rule

Answer 2

1)Absurd outcomes
2)Lacks Flexibility
3)Assumes legislation was drafted perfectly

Question 3

4 Advantages of golden rule

Answer 3

1)Compromise between literal and golden rule
2)Avoids absurdity
3)Still respects sovereignty (judge only alters certain words)
4)Flexibility =more fair

Question 4

4 Disadvantages of Golden rule

Answer 4

1)No clear definition of “absurd” result
2)Inconsistency
3)Very limited in its use (only used if literal gives absurdity)
4)Each judge has a different POV

Question 5

4 advantage of mischief rule

Answer 5

1)Produces more just outcomes
2)Upholds sovereignty ( promotes aims passed down by parliament)
3)Flexibility (Smith V Hughes)
4)Judges can ignore wording (Smith V Hughes)

Question 6

4 Disadvantages of Mischief Rule

Answer 6

1)Leads to Judicial Law Making
2)Inconsistency
3)Not as wide as purposive approach
4)Uncertainty-lawyers may struggle to advise clients

Question 7

4 Advantages of Purposive Approach

Answer 7

1)Leads to justice in individual cases
2)Allows law to be adapted
3)Gives judges more discretion when interpreting law
4)European style and modern

Question 8

4 Disadvantages of Purposive Approach

Answer 8

1)Judges may refuse to follow wording of parliament
2)Expensive court case
3)Difficult to determine outcome of the case
4)Difficult to find Parliaments intentions