Golden Rule

Golden Rule Meaning

The Golden Rule is a principle of statutory interpretation used to solve ambiguities or conflicts within existing laws. It states that when the language used in a statute is ambiguous or unclear, courts must interpret the words of the law so as to avoid a result that is absurd or untenable. In other words, the Golden Rule requires judges to strike a balance between the literal meaning of the words and the broader purpose and context of the law. By adhering to this rule, courts can ensure that the intent of the law is not frustrated and that justice is served. Using this approach it was defined in Grey v Pearson (1857) 6 HL Cas 1 "the ordinary sense of the words is to be adhered to, unless it would lead to absurdity, when the ordinary sense may be modified to avoid the absurdity but no further."

Advantages of Golden Rule

Thus the Golden Rule refers to the principle that courts should interpret legislation in a way that avoids absurd or unreasonable outcomes. The advantages of applying the Golden Rule are several. Firstly, it allows for common sense and practical considerations to be taken into account when interpreting statutory provisions. This means that judges can avoid interpreting legislation in a way that leads to clearly absurd or unjust outcomes. Secondly, it promotes a degree of flexibility in interpreting legislation, as judges can apply the rule to resolve ambiguity or uncertainty in the wording of a statute. Finally, the Golden Rule can help to maintain the legitimacy of the judiciary. By avoiding outcomes that are clearly unjust or unreasonable, courts can help to ensure that the public continues to trust and respect the judicial system. Overall, the advantages of the Golden Rule in statutory interpretation are clear, and it is an important tool for judges and lawyers to use in their work.

Problems of Golden Rule

However, this rule is not free from criticism; the Golden Rule can be problematic in cases where judges' personal beliefs or subjective notions of morality are allowed to influence their interpretation of the law. Furthermore, there is a risk that overuse of the Golden Rule could undermine the certainty and predictability of what parliament intended, making it harder for litigants to have confidence in the law and forlawyers to provide sound advice. Therefore, while the Golden Rule remains an important tool in statutory interpretation, it is essential that judges use it judiciously, taking into account the relevant legal principles and policy considerations guiding the interpretation of the law. The Law Commission in Law Commission Report, ‘Interpretation of Statutes’, (Law Com. No. 21, Scot. Law Com. No. 11, 1969) highlighted the shortcomings of the rule is that it does not provide a clear means to test the existence of the characteristics of absurdity or inconsistency. Moreover “absurdity” was in practice judged by reference to whether a particular interpretation was irreconcilable with the general policy of the legislature.

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