Advantages and Disadvantages

Advantages and Disadvantages of the Mischief Rule
Advantages:

• Helps to avoid absurs and unjust results.
• Promotes flexibility in the law
• It allows judges to put into effect the remedy Parliament chose to cure.
• Looks at the gap in the previous law
• Nearest to the purposive approach.a
• Allows the law to develop and change to society.

Disadvantages:

• Judges can re-write statue law which only parliament is permitted to do.
• Does not uphold Parliamentary supremacy
• The "mischief" must be found before it can be remedied.
• Judges can bring their own prejudices.
• Creates a crime after the event.