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Statutory Interpretation

The Literal and Golden Rules

  • 5 things to know
  • All three papers

Overview

Recall questions on what the literal rule requires, the narrow and wide approaches to the golden rule, and the advantages and disadvantages of each rule, from certainty and respect for Parliament to absurd results.

What you need to know

Answer each one before you reveal it.

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Key term

What does the literal rule require judges to do when interpreting statutes?

Key term

What is the narrow approach to the golden rule?

Key term

How does the literal rule limit judicial law-making?

Key term

Why is the existence of multiple meanings a problem for the literal rule?

Process

What must a judge do when the literal meaning is absurd, and when may the golden rule be used?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    What does the literal rule require judges to do when interpreting statutes?

    Model answer

    Give words in a statute their plain, ordinary, grammatical meaning, even if this produces an absurd or unjust result.

  2. 2

    Under the literal rule, what happens if applying the plain meaning of words leads to an unjust outcome?

    Model answer

    The judge must still apply that plain, ordinary meaning regardless of the absurd or unjust result.

  3. 3

    What is the golden rule in statutory interpretation?

    Model answer

    A modification of the literal rule that allows judges to depart from the literal meaning when it would produce an absurd, repugnant or inconsistent result.

  4. 4

    When may a judge depart from the literal meaning under the golden rule?

    Model answer

    When applying the literal meaning would produce an absurd, repugnant or inconsistent result.

  5. 5

    What is the narrow approach to the golden rule?

    Model answer

    Selecting between alternative meanings of a word when it has more than one possible interpretation.

  6. 6

    What is the wide approach to the golden rule?

    Model answer

    Modifying the meaning of words to avoid absurdity even when only one literal meaning exists.

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