Respects parliamentart sovereignty, and it leaves law making to democratically elected Parliament
1 of 8
Name 4 literal rule disadvantages
Produces absurd/unjust outcomes, does not always give effect to Parliament's intentions, Sometimes there is more than one dictionary definition, it assumes perfection from draftmen
2 of 8
Name 2 golden rule advantages
Prevents absurd/unjust outcomes, more likely to give effect to Parliament's intentions
3 of 8
Name 3 golden rule disadvantages
Uncertainty as to what is an absurd outcome, too much power to the judiciary, Michael Zander-'feeble parachute'
4 of 8
Name 3 mischief rule advantages
Avoids absurd/unjust results, promotes flexibility, preferred approach of the law commission
5 of 8
Name 4 mischief rule disadvantages
Too much power to the unelected judiciary, used by judges to update legislation, not always easy to identify the mischief, out of date
6 of 8
Name 3 purposive approach advantages
Consistent with European approach, gives effect to Parliament's intentions, Denning: preferable to destructive analysis
7 of 8
Name 2 purposive approach disadvantages
Too much power to unelected judiciary, judicial decisions based on policy
8 of 8
Other cards in this set
Card 2
Front
Name 4 literal rule disadvantages
Back
Produces absurd/unjust outcomes, does not always give effect to Parliament's intentions, Sometimes there is more than one dictionary definition, it assumes perfection from draftmen
Comments
No comments have yet been made