What are the advantages and disadvantages of the judiciary im the law making process?
Due to various interpretation methods employed by the judiciary when they examine a piece of statutory legislation they can, to some extent, begin to work outside the of the meaning that Parliament intended when they drafted the piece of legislation. There are various methods of interpretation which include; Literal Rule, Golden Rule, Mischief Rule and the Purposive Approach. Some of these methods are so wide the judges can interpret the law so wide and apart from the original intentions of Parliament. However this isn’t always such a bad thing. Sometimes situations arise in cases that fall beyond the scope of the law for example, due to technological advances (Human Fertilisation and Embryology Act), yet the law was originally intended to govern instances such as the one presented and if it was literally interpreted the case problem would defeat the purpose of the Act, thus the judiciary must employ wide interpretation methods to enforce what Parliament intended. Hope this helps, you