Mapa mental
Judges Rules
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Judges Rules
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.
- Advantages
The Golden Rule
- Advantages
- Effectivly 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
- Advantages
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.
- Advantages
Informações
- Descrição
- A level Law Mapa Mental sobre Judges Rules, criado por Eve Hinds em 05-11-2017.
- Criado por
- Eve Hinds
- Visualizações
- 0
- Histórico
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- Criado por Eve Hinds · 5 nov 2017
- Copiado por Eve Hinds · 5 nov 2017
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