Disadvantages of the Golden Rule

Question 1

What are the disadvantages of the golden rule?

Answer 1

• Very limited in its use.
• Not always possible to predict when the courts will use it.
• Not always possible to define what is ‘absurd’.

Question 2

What is the disadvantage of ‘absurd’ not being able to be objectively defined.

Answer 2

Use of the rule might give a judge too much discretion.