Statutory interpretation advantages and disadvantages

HideShow resource information
  • Created by: Sahar
  • Created on: 09-03-15 20:54
Name 2 literal rule advantages
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much power to the unelected judiciary, used by judges to update legislation, not always easy to identify the mischief, out of date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

Card 3

Front

Name 2 golden rule advantages

Back

Preview of the front of card 3

Card 4

Front

Name 3 golden rule disadvantages

Back

Preview of the front of card 4

Card 5

Front

Name 3 mischief rule advantages

Back

Preview of the front of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Civil courts and ADR resources »