The golden rule

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