Judges Rules

Judges Rules

1. The Literal Rule

   • Advantages
     • Makes law more certain as it will be interpreted the way it is written
     • Follows the rules that were democraticaly made by an elected government.
   • 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.

2. The Golden Rule

   • Advantages
     • Effectively it overcomes the worst problems that the literal rule faces.
     • It allows the judges to choose the most sensible meaning and stop absurd outcomes.
   • Disadvantages
     • Limited on its uses and is used rarely
     • Not always possible to define what classes as absurd

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
     • Could lead to uncertainty in the law.
     • Risk of judicial law making. E.g Smith v Hughes.