Mischief rule advantages and disadvantages
- Created by: courteney7815
- Created on: 07-01-17 14:23
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- The advantages and disadvantages of the mischief rule of statutory interpretation
- Advantage: Avoids the injustice of a literal interpretation and can therefore promote fairness
- Disadvantage:Makes use of external aids such as Hansard, which are not always reliable in finding parliaments intentions
- Advantage: Takes recent developments into account e.g in science and technology, as shown in Royal College of Nursing V DHSS
- Disadvantage:Judges are making law, as judges are unelected this is seen as contradictory to 'separation of powers' for Judges to tamper with the wordings of acts
- Advantage: Trys to get beyond the wording and apply the "spirit" of the Act, giving effect to the will of parliament.
- This may save parliament time if the courts correctly apply the intention of parliament
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