Unit 1: Pros And Cons Of SI

Question 1

+ Mischief

Answer 1

Parliamentary sovereignty is respected and given superiority
Can help prevent absurd or unjust results

Question 2

+ golden

Answer 2

Can help prevent absurd results

Provides a check on harshness of literal approach on P intention

Question 3

+ purposive

Answer 3

Can help prevent absurd results
Promotes flexibility enabling law to be applied as P intended
1969 law commission described as “rather more satisfactory approach”

Question 4

• literal rule

Answer 4

Can produce absurd results eg. LNER v Berrimen. Cannot follow intention of P
Judges superiority has lowered

Question 5

• mischief

Answer 5

Can be seen as updating law

Hard to discover the “mischief”

Question 6

• gold

Answer 6

No clear definition of “absurd” and outcome is unpredictable
Zander said “feeble parachute”

Question 7

• purposive

Answer 7

Argued that judges are updating law

Seen to give too much powers to judges

Question 8

+ literal rule

Answer 8

Quick and easy

Can highlight problems with the active Act