Advantages / disadvantages essay: military intervensions in the last thirty or forty years, thanks to globalization, local humanitarian crises, civil wars, natural disasters, oppressive regimes and the like have become global problems with organizations like the un or nato pitching in to help. With reference to the source and other cases, explain the mischief rule and discuss the advantages and disadvantages of using it statutory interpretation is the process by which judges interpret acts of parliament. An advantage of the literal rule is that it forces judges to carry out parliaments intention this is important as it stops unelected/appointed judges from making law, which would be contrary to the doctrine of the separation of powers. The advantages of the literal rule is that it respects the sovereignty of parliament and prevents unelected judges from making law viscount [. For this reason, three different rules have been developed: the literal approach, the golden rule and the mischief rule the literal approach: this is defined as interpreting the law according to the basic, literal meaning of the words.
Advantages, and disadvantages of, and justifications for the literal rule 1 it encourages precision of drafting - but does it - who would deliberately be careless. Explain the literal rule of statutory interpretation 10 mark essay describing the literal rule of statutory interpretation illustrated with three cases relevant for the exam. Above are the slides on the advantages and disadvantages of the rules of interpretation. Discuss the advantages and disadvantages of the operation of the literal rule the literal rule applies the law as parliament has explicitly written it and therefore upholds the doctrine of parliamentary sovereignty.
In a nut shell, there are four rules in the interpretation such as literal rule, golden rule, mischief rule, and purposive approach can apply and depend upon the nature of the ambiguity or the content in which it arises. Disadvantages of the literal rule assumes that every act will be perfectly drafted not always possible to word an act so it covers every situation parliament meant it to this is seen in whiteley v chappell. Advantages and disadvantages of the literal rule the advantages of the literal rule is that it respects the sovereignty of parliament and prevents unelected judges from making law.
The literal rule is the primary rule which takes precedence over the others words and phrases should be construed by the courts in their ordinary sense, and the ordinary rules of grammar and punctuation should be applied. The literal, golden and mischief rule they’re numerous advantages and disadvantages regarding the practicality of the three individual rules of (or approaches to) interpretation these are listed as the follwoing: literal, mischief and golden rules the various supporting and opposing arguments. Mischief rule - advantages and disadvantages study play ad: avoids absurd outcome - allows judges to use their common sense and gives them more discretion to achieve a just result, as were the decisions in rcon and hughes clearly sensible they apply their knowledge instead. The advantages and disadvantages for the literal rule the advantages are the literal rule respects parliamentary sovereignty, giving the courts a restrictive role and leaving the law-making to those elected for the job. In my own opinion the literal rule, golden rule, mischief rule and the purposive approach all have their advantages and disadvantages, many different judges prefer different methods when they are interpreting an act.
Pleease help with golden rule,literal rule,mischeif rule watch announcements analyse = what are the advantages and disadvantages of each rule of statutory interpretation what are the rules/principles-literal-golden-mischief the student room, get revising and marked by teachers are trading names of the student room group ltd. The golden rule is an extension of the literal rule (bpp personal education, 2010) the advantages are that it avoids absurdities and let the court to look at the literal meaning of a word or phrase. The literal rule has both advantages and disadvantages constitutionally it respects parliamentary supremacy and the right of parliament to make any laws it might wish no. Home essays analyze the advantages and disadvantages of using a global brand name mercier du paty de clam laetitia (10902550x) analyze the advantages and disadvantages of using a global brand name introduction nowadays the global market is quite attractive for high competition environment. This essay will outline the advantages and disadvantages of the literal rule and argue that it is not a sensible guide it seems that a more purposive approach should prevail when the rules of statutory interpretation are compared.
This essay has been submitted by a student the colonialism has a lot of advantages and disadvantages which will be explore in this essay but before going to that let know what colonialism is a lot about. Advantages and disadvantages of the literal rule essay hitler’s animosity with the jews essay hitler became chancellor in 1933 because he was leader of the most popular party in germany essay. Advantages and disadvantages of mischief rule advantages : 1) the law commission sees it as a far more satisfactory way of interpreting acts as opposed to the golden or literal rules.
The advantages of the literal rule is that it respects the sovereignty of parliament and prevents unelected judges from making law viscount simmonds argued that it was not open to judges to fill in gaps, as lord denning wanted, or otherwise alter statutes. Advantages and disadvantages advantages essays describe the operation of judicial precedentb identify and explain the advantages and disadvantages of precedent as a system of law making o rigid – a rule can remain in place for a long time, even if it is outdated, as change requires a case to come to a higher appeal courts before.