Advantages and Disadvantages of the Rules of Interpretation

The Literal Rule

Advantages:leaves law making to Parliamentprovides certainty

Disadvantages:assumes perfection in every actdoes not allow for ambiguitycan lead to unjust and absurd results

The Golden Rule

Advantages:avoids an absurd, illogical or unjust result

Disadvantages:no guidance on its use so application may be inconsistent

The Mischief Rule

Advantages:logicalconsiders how Parliament intended to close the gapinterprets the words accordinglyallows the law to develop and adapt

Disadvantages:may lead to judges rewriting the lawinfringes on the separation of powers.

Purposive Approach

Advantages:gives effect to the purpose of the Actcovers unforeseen situationsfills in any gaps in the law

Disadvantages:leads to judicial law makinginfringes on the separation of powerscan make law uncertainnot always easy to discover the intention of Parliament