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What are the Advantages of the Golden Rule in Statutory Interpretation?

Published in Statutory Interpretation 3 mins read

The golden rule of statutory interpretation offers key advantages by providing flexibility when applying the law.

Flexibility and Avoidance of Absurdity

One of the primary benefits of the golden rule is its flexibility in statutory interpretation. As noted in the reference, this rule allows courts to deviate from the literal meaning of words when a strict, literal application would lead to absurd or unreasonable outcomes.

How the Golden Rule Works

The golden rule recognizes that sometimes, the plain wording of a law might not align with the true intent of the legislation. Instead of applying the literal rule which dictates that words must be interpreted in their plain, ordinary, and literal meaning, it allows for a modification of the words in cases of absurdity. It acts as an escape route from the limitations of the literal rule.

Advantages in Detail

Here's a breakdown of the advantages:

  • Prevents Unintended Consequences: By allowing deviation from the literal meaning, the golden rule helps to avoid absurd or unintended consequences that the lawmakers could not have anticipated.
  • Reduces Injustice: When a strict application of the literal rule leads to unjust results, the golden rule allows the courts to interpret the law to better serve justice.
  • Addresses Drafting Errors: Sometimes laws are drafted with errors or ambiguities. The golden rule provides an opportunity to correct such errors through interpretation.
  • Maintains Public Confidence: If courts strictly applied laws in a way that led to obvious absurdity, public trust in the legal system would likely be eroded. The flexibility of the golden rule helps to maintain public confidence.

Practical Insights

Here's how it works in practice:

  1. Literal Meaning First: The court will begin by considering the literal meaning of the words.
  2. Assess for Absurdity: If the literal meaning leads to an absurd or unjust outcome, the court will consider using the golden rule.
  3. Modify Interpretation: The court will then modify the meaning of the words to avoid that absurd or unjust result while remaining as close as possible to the original wording.
  4. Apply Modified Interpretation: The modified interpretation is applied to the case.

Example of the Golden Rule

For example, imagine a law that states, "No vehicles allowed in the park," and someone tries to bring a child's toy car. If the rule was applied literally, this would be absurd, so the court could interpret the law under the golden rule to apply to motor vehicles, not toy cars.

Conclusion

The golden rule, with its focus on preventing absurd results and ensuring fair application, provides crucial flexibility in the legal process. It functions as an important tool, bridging the gap between the literal interpretation and the practical application of the law.

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