Ao3 Golden Rule

Question 1

Respect Parliament Sov
(Advantage)

Answer 1

Golden rule doesn’t give judges complete freedom so it still follow Parliament’s intention. Judge can amend words but not completely change them.
Judges are abiding by the separation of power.

Question 2

More democratic
(Advantage)

Answer 2

The golden rule follows society’s wishes as well as parliament’s.
For example, in Sigsworth : society would not want murder benefits from his crime. Golden rule provides an escape route from this repugant decision which satisfied everyone.

Question 3

Not Parliament’s intent
(Disadvantage)

Answer 3

No clear guidance on how to discover the intent of parliament or how to use the rule.
Judges can use thier own discretion and removes control from parliament which may contradict the wishes of parliament.

Question 4

Gives judges too much discretion
(Disadvantage)

Answer 4

Broader application results in changes to the content of the act. Creates uncertainity and makes law unascertainable.
Judges adopt a legislative role instead of judical under separation of power. This reduces parliament sovereignty.