Golden Rule - Advantages and disadvantages table in A Level and IB Law

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Created by: Ellen Stickland
Created on: 20-03-15 16:17

Golden Rule

Advantages

Respects the exact words of Parliament except in extreme circumstances
Provides an escape route from the literal rule when necessary
Allows the judge to choose the most sensible meaning of the Act
Ensures that absurd outcomes are avoided
Helps to overcome the main issues of the literal rule

Disadvantages

Limited in it's use so only used on rare occasions
Can't predict when courts will refer to this rule
Described by Michael Zander as "a feeble parachute" I.e. An escape rout that can't do very much

Evaluation

Definitely takes away the main issues if the literal ruleMainly positive, the advantages out way the disadvantagesDoesn't give guidance on HOW to interpret the rule other than in a way that avoids absurd results

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