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

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Created by: stephloupoole
Created on: 06-05-14 12:00

Advantages and Disadvantages of the Golden Rule

Advantages

it allows the court to make sensible decisions
it prevents parliament from having to pass amending legislation
it respects the authority of parliament because it only allows wording to be altered in very limted situations where the outcome would be absurd or repugnant

Disadvantages

it only allows judges to change the wording of statutes in very limited circumstances
Micheal Zander describes it as a feeble parachute because it is not much use
it could not be used in cases like berriman because although the situation could be considered unfair it was not absurd or repugnant
it is unpredictable and lacks guidelines
because the rule does not allow judges to change the wording of a statute

Evaluation

the golden rule is the modfication of the literal rule and says that judges should use the literal rule unless it would produce an absurd result

Comments

Report Mon 16th April, 2018 @ 11:44

amazing! thanks bro