Mapa mental
Judges rules
Contenido del mapa
Judges rules
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
- Disadvantages
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.
- Disadvantages
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.
- Advantages
Información
- Descripción
- Mapa Mental sobre Judges rules, creado por Eve Hinds el 05/11/2017.
- Creado por
- Eve Hinds
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