advantages and disadvantages of the golden rule Flashcards
Give 4 advantage points of the golden rule
Avoids absurdity
Allows judges to select a suitable meaning
Not as extreme as literal
gives a just result
Give a WDP for avoids absurdity
the public would not be appauled by the decision because they pick a meaning which suits the case and reach a moral decision ie. R v Allen
Give a WDP for it allows the judges to select the most suitable meaning
Allowing more flexibility than literal which is more democratic and gives the law a chance to develop
Give a WDP for its not as extreme as other rules
because it relies on the wording in the act therefore respecting parliamentary supremacy.
Give a WDP for it gives a more just result
less likely to gain appeal routes
saving time and money
Give 4 disadvantages of golden rule
Relies on the wording of the act
rarely used
judges can decide if it produces absurdity
allows judges to acquit those who may of done wrong