Golden Rule A03

Question 1

What are the 4 WDPs for the golden rule

Answer 1

-Judges have too much power
-Used to ensure a conviction
+Flexibility and avoids absurd results
+Aligns with parliamentary intent

Question 1

-P1: Judges have too much discretion

Answer 1

particularly with wide GR - undermines SoP

Question 2

-DP1: Judges stray from the meaning of the words

Answer 2

inconsistent outcomes

Question 3

+WDP1: Used to prevent injustice (case)

Answer 3

Re:Sigsworth use of the wide GR to avoid a repugnant outcome = fair on the family

Question 4

-P2: Judge use their own morals and bias to…

Answer 4

pick a meaning = problematic

Question 5

-DP2: R v Maginnis

Answer 5

interpretation of the word ‘supply’ to ensure a conviction = unjust + meddling with the law

Question 6

+WDP2: Sensible compromise between the literal and mischief rule

Answer 6

allows for a more contextual interpretation of the law

Question 7

+P3: Ensures the law is interpreted in a fair, just and sensible way

Answer 7

unlike the rigid nature of the literal rule

Question 8

+DP3: R v Allen

Answer 8

example of narrow golden rule - chose the sensible meaning to avoid absurdity

Question 9

-WDP3: Absurdity isn’t clearly..

Answer 9

defined - lack of clarity and predictability

Question 10

+P4: Helps courts align the interpretation of the law with the…

Answer 10

intention of the legislature - achieves fairer and more reasonable outcome

Question 11

+DP4: Upholds parliamentary sovereignty

Answer 11

as it is an extension of the literal rule

Question 12

-WDP4: Could lead to an increase in appeals

Answer 12

if an interpretation not in favour of the df is chosen