Adv/Disadv of Mischief rule - Advantages and disadvantages table in A Level and IB Law

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Created by: Zoe
Created on: 29-12-12 18:44

Adv/Disadv of Mischief rule

Advantages

Avoids absurd and unjust outcomes
Promotes flexibility - judges can look to what parliament intended when passing the act e.g Smith v Hughs
In 1969, The Law Commission described the mischief rule as "rather more satisfactory than the literal and the Golden rule"

Disadvantages

Allows too much power to the unelected judges
Hard to determine the mischief the act intended to remedy
Considered outdated - laid down in 16th century when Parliamentary supremecy was not established - Acts used to contain long preables.

Evaluation

Allows judges to decide what they think parliament intended when passing the act to avoid absurd outcomes however judges are not elected and the rule is outdated.

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