Statutory Interpretation Evaluation

Question 1

Advantage to Literal Rule: Saves time

Answer 1

Plain ordinary meaning of words used Efficient and quick

Question 2

Advantage to Literal Rule: Certainty

Answer 2

Clear + predictable outcome as literal meaning of act Makes law more clear + can predict outcome

Question 3

Advantage to Literal Rule: Democratic

Answer 3

Respects parliamentary sovereignty

Question 4

Advantage to Literal Rule: Highlights problems

Answer 4

Literal rule can highlight flaws in law Encourages more precise laws in the future

Question 5

Disadvantage to Literal Rule: Absurd result

Answer 5

Plain meaning despite outcome Unfair outcomes

Question 6

Disadvantage to Literal Rule: Accuracy

Answer 6

Assumes Parliament will draft clear laws Unrealistic

Question 7

Disadvantage to Literal Rule: Parliament intentions not delivered

Answer 7

Ignores context/purpose behind law Less effective

Question 8

Disadvantage to Literal Rule: Ignores language

Answer 8

Words have many meanings Incorrect interpretation

Question 9

Advantage to Golden Rule: Democratic

Answer 9

Respects Parliament sovereignty

Question 10

Advantage to Golden Rule: Prevents absurdity

Answer 10

Can avoid absurd/unjust outcomes Serves justice + ensures fairness

Question 11

Advantage to Golden Rule: Flexible

Answer 11

Limited flexibility to prevent unfair result Fair + effective application of the law

Question 12

Advantage to Golden Rule: Recognises Parliament supremacy

Answer 12

Recognises Parliament supremacy Apply law in Parliaments intentions

Question 13

Disadvantage to Golden Rule: Undemocratic

Answer 13

Judges can interpret law themselves

Question 14

Disadvantage to Golden Rule: Unpredictable

Answer 14

Depends on judges choice if decision absurd Uncertainty and bias in the law

Question 15

Disadvantage to Golden Rule: Limited use

Answer 15

Only used in rare occasions Ineffective

Question 16

Disadvantage to Golden Rule: Lengthy

Answer 16

Hard to work out what law means and if absurd result Increased cost/delay for parties

Question 17

Advantage to Mischief Rule: Avoids absurdity

Answer 17

Look beyond literal wording to see Parliament's intentions Ensures law applied correctly and fairly

Question 18

Advantage to Mischief Rule: Flexibility

Answer 18

Not bound by wording

Question 19

Advantage to Mischief Rule: Respect Parliament supremacy

Answer 19

Following Parliament's intentions Applies law in the way it's intended to be

Question 20

Advantage to Mischief Rule: Extrinsic Aids

Answer 20

Allows use of extrinsic aids to identify law's purpose Helps create accurate decisions

Question 21

Disadvantage to Mischief Rule: Unpredictable

Answer 21

Relies on judge to determine

Question 22

Disadvantage to Mischief Rule: Backwards looking

Answer 22

Focuses on law in the past Can make it outdated

Question 23

Disadvantage to Mischief Rule: Ignores Parliament sovereignity

Answer 23

Gives judges power

Question 24

Disadvantage to Mischief Rule: Limited use

Answer 24

Only usable in specific cases Most cases can't use

Question 25

Advantage to Purposive Approach: Democratic

Answer 25

Focuses on Parliament intentions Gives public confidence in law system

Question 26

Advantage to Purposive Approach: Avoids absurdity

Answer 26

Can interpret law to prevent absurd result Fair + effective application

Question 27

Advantage to Purposive Approach: Extrinsic aids

Answer 27

Can use extrinsic aids to understand purpose Ensures informed + accurate decision

Question 28

Advantage to Purposive Approach: Recognises imperfections

Answer 28

Acknowledges not all laws drafted perfectly Ensures fix to keep law effective

Question 29

Disadvantage to Purposive Approach: Undemocratic

Answer 29

We don't vote judges

Question 30

Disadvantage to Purposive Approach: Unpredictable

Answer 30

Judges determine purpose

Question 31

Disadvantage to Purposive Approach: Difficult

Answer 31

Hard to know what direct intentions were Lead to wrong interpretation + lengthy process

Question 32

Disadvantage to Purposive Approach: Judicial power

Answer 32

Lets judges interpret in own way Too much power