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Judges rules

Eve Hinds English

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Judges rules

  1. The Literal Rule

    • Disadvantages
      • It assumes that every law written by parliament is drafted perfect and covers every situation but it doesn't. E.g Whiteley v Chappell
      • Words can have more than one meaning often in different dictionaries they have different definitions.
    • Advantages
      • Follows the rules that were democraticaly made by an elected government.
      • Makes law more certain as it will be interpreted the way it is written
  2. The Golden Rule

    • Disadvantages
      • Limited on its uses and is used rarley
      • Not always possible to difine what classes as absurd
    • Advantages
      • It allows the judges to choose the most sensible meaning and stop absurd outcomes.
      • Effectivly it overcomes the worst problems that the literal rule faces.
  3. The Mischief Rule

    • Advantages
      • Enables judges to look at the gaps that aren't covered by law and raise awareness and promotes the purpose of law.
      • More likely to produce a 'just' result.
    • Disadvantages
      • Risk of judicial law making. E.g Smith v Hughes.
      • Could lead to uncertainty in the law.

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Mind Map on Judges rules, created by Eve Hinds on 05/11/2017.
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Eve Hinds
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