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Law making
Statutory interpretation
The golden rule
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Created by
charlotte brown
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Cards (5)
The golden rule
Judge looks at
literal
meaning but can
avoid
an interpretation if it would lead to an
absurd
result
Narrow view – the court can
choose
between the
possible
meanings (
Allen
,
Adler
)
Broad approach – where the interpretation would lead to an
absurd
result, the judge can
modify
the words of the
statute
(
Sigsworth
)
The golden rule advantages:
+ Respects the
majority
of
parliamentary
words
+ The broad approach can provide a more
sensible
decision compared to the
literal
rule
The golden rule disadvantages:
- Can only be used in
certain
situations
- Not possible to
predict
whether the courts will use it or the
literal
rule