Statutory interpretation- advantages and disadvantages

Question 1

What are some advantages of the literal rule?

Answer 1

-resepcts parliamentary soverigty
-certiancy in the law (ordinary+ natural meaning of a word).

Question 2

What are some disadvantages of the literal rule?

Answer 2

-unjust results

Question 3

What are some advantages of the golden rule?

Answer 3

-comprimise between mischief and literal
-if it gives an absurd result- can be avoided as is obviously not what parliament intended
-judge only slightly alters words- still respect parliament

Question 4

What are some disadvantages of the golden rule?

Answer 4

-too much power to judges and can lead to inconsistencies because what one thinks is absurd may not be to another.
-A judge might use the golden rule to ensure a conviction e.g. Adler v George

The LC ‘69 said - no clear definition of what constitute ‘absurd result’

Question 5

What are some advantages of the mischief rule?

Answer 5

-gives judges flexibility when deciding what the ‘mischief’ intended to stop was.
-ignore the wording of a stature to get desired outcome. (smith + DCC)

-prof Zander, Lord Denning and Law commission 1969 agree.

Question 6

What are some disadvantages of the mischief rule?

Answer 6

-disrespects parliamentary soverignty.
-gives judges too much power
-inconsistencies.
-looks to the past- not what parliament intended in future.

Question 7

What are some advantages of the purposive approach?

Answer 7

-Lord denning find the intnetion of parliament by ‘filling in the gaps’.
-More modern + European (twrbt)

Question 8

What are some disadvantages of the purposive approach?

Answer 8

-disrespects parliamentary soverginty- too much judge power.(unelected and high class background).
-inconsisent + expensive.