Pros and Cons of Golden Rule for Statutory Interpretation

The Golden Rule is a principle of statutory interpretation that requires judges to interpret a statute's words according to their ordinary and natural meaning, except where doing so would lead to an absurdity or an inconsistency with the statute's purpose. While the Golden Rule can be helpful in resolving ambiguities in statutory language, it also has both pros and cons.

Pros of Golden Rule

Prevents Absurdities
One of the primary advantages of the golden rule is its ability to prevent absurd or unreasonable outcomes that could result from a strict literal interpretation of statutory language. By allowing judges to modify the meaning of words to avoid nonsensical results, the golden rule ensures that the law is applied in a way that makes practical sense. This flexibility helps to maintain the law’s relevance and fairness in various situations.

Balances Rigidity and Flexibility
The golden rule strikes a balance between the rigidity of the literal rule and the flexibility of the mischief rule. It starts with a literal interpretation but permits deviation when such interpretation would lead to absurdity. This approach provides a middle ground, ensuring that the law is followed closely while still allowing for judicial discretion to address problematic scenarios.

Reflects Legislative Intent
By allowing judges to interpret statutes in a way that avoids absurd results, the golden rule can help ensure that the application of the law aligns with the legislature's intent. Legislators generally do not intend for their laws to produce unreasonable or unjust outcomes. Thus, the golden rule helps maintain the integrity of legislative intent by adjusting interpretations to fit practical realities.

Cons of Golden Rule

Judicial Discretion and Subjectivity
A significant disadvantage of the golden rule is the level of judicial discretion it involves. Judges must decide when a literal interpretation results in absurdity and how to modify the interpretation to avoid it. This introduces subjectivity, as different judges may have varying opinions on what constitutes an absurd outcome and how to correct it. This can lead to inconsistent applications of the law.

Uncertainty and Unpredictability
The golden rule can create uncertainty and unpredictability in legal outcomes. Because it allows judges to deviate from the literal meaning of words, parties may find it difficult to predict how a statute will be interpreted in specific cases. This unpredictability can undermine confidence in the legal system and make it harder for individuals and businesses to plan their actions based on statutory provisions.

Potential for Judicial Overreach
By allowing judges to alter the meaning of statutory language to avoid absurd results, the golden rule can lead to judicial overreach. Judges might effectively create or modify laws rather than merely interpreting them, stepping into the legislative domain. This blurring of the separation of powers can be problematic, as it challenges the principle that lawmaking should be the exclusive domain of the legislature.

In summary, the golden rule for statutory interpretation offers notable benefits, such as preventing absurd outcomes, balancing rigidity and flexibility, and reflecting legislative intent. However, it also presents significant challenges, including judicial discretion and subjectivity, uncertainty and unpredictability, and the potential for judicial overreach.
Back to blog

UOL Case Bank

Upon joining, you become a valuable UOL student and gain instant access to over 2,100 case summaries. UOL Case Bank is constantly expanding. Speed up your revision with us now.

Subscribe Now

Where are our students from?

Yale University
Council of Europe
Baker Mckenzie 
University of Chicago
Columbia University
New York University
University of Michigan 
INSEAD
University College London (UCL)
London School of Economics (LSE)
King’s College London (KCL)
University of London
University of Manchester
University of Zurich
University of York
Brandeis University
University of Exeter
University of Sheffield
Boston University
University of Washington
University of Leeds
University of Law
Royal Holloway, University of London 
Birkbeck, University of London
SOAS, University of London
University of Kent
University of Hull
Queen’s University Belfast
Toronto Metropolitan University
Hong Kong University of Science and Technology
University of Buckingham

  • Criminal Practice

    Diagrams and Charts

    Our carefully designed diagrams and charts will guide you through complex legal issues.

  • Criminal Law

    Clear and Succinct Definitions

    Key concepts are concisely defined to help you understand legal topics quickly.

  • Property Law

    Statutory Provisions

    Statutory provisions are provided side by side with legal concepts to help you swiftly locate the relevant legislation.

  • Public Law

    Case Summaries

    We have summarised important cases for you so that you don't need to read long and boring cases.

  • Evidence

    Rules and Exceptions

    Rules and exceptions are clearly listed so that you know when a rule applies and when it doesn't.

  • Company Law

    Terminology

    Legal terms and key concepts are explained at the beginning of each chapter to help you learn efficiently.

  • Case Law

    Case law is provided side by side with legal concepts so that you know how legal principles and precedents were established.

  • Law Exam Guide

    Law Essay Guide

    You will learn essential law exam skills and essay writing techniques that are not taught in class.

  • Law Exam Guide

    Problem Question Guide

    We will show you how to answer problem questions step by step to achieve first-class results.

  • Conflict of Laws

    Structured Explanations

    Complex legal concepts are broken down into concise and digestible bullet point explanations.

  • Legal System and Method

    Legal Research

    You will learn legal research techniques with our study guide and become a proficient legal researcher.

  • Jurisprudence and Legal Theory

    Exam-focused

    All essential concepts, principles, and case law are included so that you can answer exam questions quickly.