Statutory interpretation part 2 Flashcards
What is the mischief rule?
When judges interpret a law by looking at the problem it was meant to fix, instead of just the exact words.
What is an example of the mischief rule?
Smith v Hughes (1960)
What is an advantage of the mischief rule?
It produces more just outcomes than the literal approach.
What is another advantage of the mischief rule?
It gives flexibility, as judges are not confined to the literal meaning.
What is a disadvantage of the mischief rule?
It is impossible to know when judges will use it which creates uncertainty.
What is another disadvantage of the mischief rule?
Leads to judicial law making although judges should only interpret and apply the law.
What is the purposive approach?
When judges interpret a law by looking at the purpose behind it, rather than just the literal meaning.
What is an example of the purposive approach?
Pepper v Hart (1993)
What is an advantage of the purposive approach?
It gives judges more discretion so they can avoid absurd results.
What is another advantage of the purposive approach?
Keeps the law up to date with advances in technology so new Acts don’t have to be made.
What is a disadvantage of the purposive approach?
Can be difficult to find out what parliament’s true intentions were.
What is another disadvantage of the purposive approach?
By using it, judges may refuse to follow the clear words set out by parliament.
