LAW REVISION ADVANTAGES AND DISADVANTAGES

HideShow resource information

LITERAL RULE ADVANTAGES

  • Restricts the role of the judge
  • Provides no scope for judges to use their own opinions or prejudices
  • Upholds the separation of powers
  • Recognises Parliament as the supreme law maker
1 of 6

LITERAL RULE DISADVANTAGES

There can be disagreement as to what amounts to the ordinary or natural meaning:  

  • Creates loopholes in the law:
  • Leads to injustice:
  • Creates awkward precedents which require Parliamentary time to correct
  •  Fails to recognise the complexities and limitations of English language
  •  Undermines public confidence in the law
2 of 6

GOLDEN RULE ADVANTAGES

  • Errors in drafting can be corrected immediately eg:
  • Decisions are generally more in line with Parliament's intention
  • Closes loopholes
  • Often gives a more just result
  • Brings common sense to the law
  • Avoids repugnant situations
3 of 6

GOLDEN RULE DISADVANTAGES

  • Judges are able to add or change the meaning of statutes and thereby become law makers infringing the separation of powers.
  • Judges have no power to intervene for pure injustice where there is no absurdity 
  • Judges are not elected, so why should they be able to decide/alter the law 
4 of 6

MISCHIEF RULE ADVANTAGES

  • Closes loopholes
  •  allows the law to develop and adapt to changing needs eg Royal College of Nursing v DHSS
  • It carries out parliaments intetion by finding out what they wanted to stop witht the act
5 of 6

MISCHIEF RULE DISADVANTAGES

  • Gives judges a law making role infringing the separation of powers.
  • Judges can bring their own views, sense of morality and prejudices to a case
  • It is said to be out of date as it has been used since the 16th century
6 of 6

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all resources »