Adv/Disadv of Mischief rule

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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  • Considered outdated - laid down in 16th century when Parliamentary supremecy was not established - Acts used to contain long preables.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think parliament intended when passing the act to avoid absurd outcomes however judges are not elected and the rule is outdated.

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