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Words: | Submitted: Wed Mar 10 2004
... used and to adapt these meanings enough to avoid absurd decisions. Lord Blackburn explained the Golden Rule in the case The River Wear Commissioners v Anderson (1878) stating "We are to take the whole of the statute together and construe it altogether giving the words their ordinary signification, unless when applied they produce an inconsistency." Meaning that under the Golden Rule the judge takes the Literal approach unless an absurdity arises. If this happens then the meaning can be modified as far as it is necessary to avoid it. One problem with this approach is due to the fact that the judge must consider the consequences before applying a literal approach so the rule lies on deciding whether there is an absurdity or whether there is a logical conclusion for the judge to not like it. This point was made by Lord Diplock in the Duport Steels v Sirs case. The ...
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