Courtney Lowes
Unit 23
M2
Act of parliament
Advantages:
- They cover a wide range of points with an act
- They can be made at any time so it is more convenient then judges
- People would be elected to sit in the House of Commons so people would be making the law
- Acts would be debated to ensure any mistakes are minimised
- Parliament is in touch with society so they would understand more than judges do about
society
Disadvantages:
- Creating acts can be a time consuming process
- Acts are not often passed as opposing parties do not like them
- Acts of parliament can be considered confusing as there is a high volume
- Language used in acts of parliament can be unclear
Judicial Precedent
Advantages:
- Flexible to update the law
- Consistent and precise
- Keeps things fair
- May influence parliament to update the law
Disadvantages:
- Acts may be outdated
- Outcome of a case could be uncertain if the judge is not willing to depart from the precedent
to make a change within the law
Statutory Interpretation
Advantages:
- Literal rule: encourages certainty and people will know where they stand within a case, it
respects the sovereignty and decisions will be made quicker
- Golden rule: the act will make more sense if wording needs to be changed
- Mischief rule: can help make faster decisions then waiting for the parliament, social and
technological changes are considered
Unit 23
M2
Act of parliament
Advantages:
- They cover a wide range of points with an act
- They can be made at any time so it is more convenient then judges
- People would be elected to sit in the House of Commons so people would be making the law
- Acts would be debated to ensure any mistakes are minimised
- Parliament is in touch with society so they would understand more than judges do about
society
Disadvantages:
- Creating acts can be a time consuming process
- Acts are not often passed as opposing parties do not like them
- Acts of parliament can be considered confusing as there is a high volume
- Language used in acts of parliament can be unclear
Judicial Precedent
Advantages:
- Flexible to update the law
- Consistent and precise
- Keeps things fair
- May influence parliament to update the law
Disadvantages:
- Acts may be outdated
- Outcome of a case could be uncertain if the judge is not willing to depart from the precedent
to make a change within the law
Statutory Interpretation
Advantages:
- Literal rule: encourages certainty and people will know where they stand within a case, it
respects the sovereignty and decisions will be made quicker
- Golden rule: the act will make more sense if wording needs to be changed
- Mischief rule: can help make faster decisions then waiting for the parliament, social and
technological changes are considered
