evaluation of the golden rule

• what are the advantages of the golden rule?

  It prevents Absurd and unjust results

  Provides a more sensible outcome while maintaining parliamentry supremacy

  It avoids judicial law making
• what are the disadvantages of the golden rule?

  It's use is limited

  Not always possible to predict when the courts will use the golden rule

  Absurd is hard to define, can be a subjective decision
• Why is the fact that the golden rule prevents absurd and unjust results an advantage?

  The golden rule allows judges to modify the literal meaning of the words to avoid outcomes that are nonsensical or unjust. This flexibility ensures that the law operates in a fair and rational manner. For instance, in R v Allen (1872), the court avoided the absurdity of the bigamy law by interpreting "marry" as "to go through a marriage ceremony," which prevented someone who was already married from escaping liability by arguing they couldn't legally marry again.
• Why is the fact that the golden rule provides a more sensible outcome while maintaining parliamentry supremacy an advantage?

  The golden rule respects the words of the statute but allows for adjustments where the literal interpretation would result in an irrational outcome. This approach maintains the supremacy of Parliament by primarily adhering to the statutory language while permitting minor modifications to uphold justice and common sense.
• What case gives an example on why a sensible outcome and maintaining parliamentry supremacy is an advantage of the golden rule, and how?

  In Adler v George (1964), the court used the golden rule to avoid the absurdity of someone being acquitted for being "in the vicinity" of a prohibited place by interpreting it to include being inside the place.
• why is the fact that the golden rule being used sparingly and avoiding judical law making an advantage?

  The golden rule is applied sparingly, only in cases where the literal interpretation leads to an absurdity. This limited use ensures that judges do not overstep their role and create new laws, thereby maintaining a balance between judicial interpretation and legislative intent. This restraint prevents judicial activism and respects the separation of powers.
• why is the fact that the use of the golden rule being limited a disadvantage?

  The golden rule is not a general principle of statutory interpretation and is only applied in cases where the literal rule produces an absurd result. This limited application means it cannot be relied upon to resolve all ambiguities or difficulties in statutory interpretation, which may leave some unjust outcomes unaddressed.
• Why is the fact that it isnt always possible to see when the golden rule is being used a disadvantage?

  The application of the golden rule can be unpredictable because it depends on judicial discretion to determine what constitutes an "absurd" outcome. This unpredictability makes it difficult for lawyers to advise clients on the likely interpretation of statutes, leading to uncertainty in legal proceedings.
• What did Michael Zander say about the golden rule?

  They described it as a 'Feeble Parachute'
• Why is the fact that absurd is a hard word to define a disadvantage of the golden rule?

  What one judge considers absurd, another might see as reasonable. This subjectivity introduces inconsistency into legal interpretation and decision-making, as different judges may apply the golden rule differently based on their personal perceptions of what is absurd or unjust. This variability undermines the principle of legal certainty.