Eval - staturory interpretation

• Advantage -literal rule

  • Leaves law making to parliament
  • Elected body should reflect the will of the people
  • Protects separation of power
  • Makes law more certain
• Disadvantage -literal rule

  • Creates unjust absurd decisions
  • Doesn’t represent parliament’s true intention
  • Ignores that language changes overtime
• Advantage - mischief rule

  • Removes harsh decisions of literal rule
  • Looks at what the act was trying to remedy
  • Allows for advances in science, technology
  • Creates more fairness
• Disadvantage - mischief rule

  • Doesn’t respect separation of power
  • Judges are interpreting what they think parliament meant
  • Can interfere in public policy decisions
• Advantage - golden rule

  • Puts parliaments true intentions into force
  • Avoids absurdities and unjustice
  • Aldver v george literal rule would’ve been not guilty as he was not in the vicinity of but in the base
  • Respects parliament’s supremacy
  • Allows judges to correct errors
• Disadvantage - golden rule

  • Not an effective safety net
  • Only used in limited circumstances
• Advantage - purposive rule

  • Reflects parliament’s true intention
  • Has a broad approach and covers more situations
  • Saves time by not going back to parliament to amend it
  • Allows for advances in tech and sicence
• Disadvantage - purposive approach

  • Encourages use of external aid to gain insight
  • may use hansard which is not supported by lord denning