Advantages of the golden rule

What are the 4 advantages of the golden rule

1. Escape route

2. Upholds Parliament’s will

3. Respects Parliamentary supremacy

4. Saves Parliament having to pass amending legislation

Expand on ‘escape route’

It avoids absurdities that the literal rule can create. For example, the narrow use allows the judge to choose the most sensible meaning where there is more than one meaning to the words in the Act (‘R v Allen’ - ‘marry’ interpreted to mean ‘to go through a ceremony of marriage’)

Expand on ‘upholds Parliament’s will’

It assumes Parliament never intends to pass absurd law. For example, the wide approach in ‘Re Sigsworth’ prevents injustice and puts into practice what Parliament really intended: murderer did not benefit from his crime despite being ‘next of kin’.

Expand on ‘respects Parliamentary supremacy’

The golden rule is only used in response to a failing of the literal rule. The departure from the literal meaning is therefore limited which avoids excessive judicial law-making. It does not give judges complete freedom and respects the words Parliament has chosen.

Expand on ‘saves Parliament having to pass amending legislation’

It is better that minor changes are made to Acts rather than forcing Parliament to spend valuable time passing an amending Act. ‘Adler v George’ - “vicinity” included being inside prohibited place,