Mock question


Describe the golden rule and its use using source and other cases

The application of the golden rule can be used by the Courts when following the literal rule would produce an unjust and absurd outcome. The Courts can therefore ignore the literal rule, which is advocated by Lord Esher, and move on to the golden rule.

The Golden rule has 2 approaches; the narrow approach of the golden rule which is seen by the case demonstrated in Source A where the judges were able to choose between the dual definitions of words and use the second definition in order to avoid "manifes absurdity". This approach was advocated by Lord Esher also who quoted "beyond this you cannot go", meaning this is the extent of judicial law making that judges are strongly encouraged to stay within. 

The other branch of the golden rule is known as the broad approach. This is seen in the case of Re sedgway where following the literal rule will lead to absolute absurdity so the courts choose simply not to follow the words in an act and make their own definition of the word. In this case following the literal meant that the individual would have inheritted his mothers money even though he murdered her.

An advantage of the golden rule is straight foward…


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