PA Pros and Cons

• Advantages :

  1. Avoids absurdity
  2. Practices parliament's intentions
  3. Promotes flexibility in the law
  4. Allows for judicial creativity
  5. Saves Parliament time
• Disadvantages :

  1. Creates uncertainty
  2. Disrespects Parliamentary Supremacy
  3. Time consuming for judges
  4. Disrespects Separation of Powers
• ADVANTAGE

  P: avoids absurdity

  E: judges ignore the words of an Act

  E: Jones v TBC, purpose of discrimination law

  L: law is working how it was intended
• ADVANTAGE

  P: Parliament’s intentions enacted

  E: ignores strict wording

  E: Jones v TBC, course of employment

  L: ensures justice
• ADVANTAGE

  P: flexibility in the law

  E: parliament‘s intentions

  E: R v RG ex parte Smith

  L: fair outcomes
• ADVANTAGE

  P: Allows for judicial creativity

  E: ignore strict words

  E: R v RG ex parte Smith

  L: saves parliament time
• DISADVANTAGE

  P: creates uncertainty

  E: judges disagree what the purpose is

  E: R v RG ex parte Smith

  L: inconsistent outcomes
• DISADVANTAGE

  P: Against Parliamentary Supremacy

  E: Judges only meant to apply the law

  E: Jones v TBC, course of employment

  L: Judges not elected
• DISADVANTAGE

  P: time consuming for judges

  E: work out the purpose of an Act

  E: R v RG ex parte Smith

  L: purposive approach complex
• DISADVANTAGE

  P: Against Separation of Powers

  E: ignore strict wording

  E: Jones v TBC, common law about an Act

  L: Judges acting unconstitutionally