advantages and disadvantages of the golden rule Flashcards

1
Q

Give 4 advantage points of the golden rule

A

Avoids absurdity
Allows judges to select a suitable meaning
Not as extreme as literal
gives a just result

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2
Q

Give a WDP for avoids absurdity

A

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

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3
Q

Give a WDP for it allows the judges to select the most suitable meaning

A

Allowing more flexibility than literal which is more democratic and gives the law a chance to develop

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4
Q

Give a WDP for its not as extreme as other rules

A

because it relies on the wording in the act therefore respecting parliamentary supremacy.

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5
Q

Give a WDP for it gives a more just result

A

less likely to gain appeal routes

saving time and money

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6
Q

Give 4 disadvantages of golden rule

A

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

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