the literal approach, including the golden rule
the literal approach, including the golden rule
发布时间：2025-07-26 22:58:17
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答案：(i) The literal rule Under this rule, the judge is required to consider what the legislation actually says rather than considering what it might mean. In order to achieve this end, the judge should give words in legislation their literal meaning, that is, their plain, ordinary, everyday meaning, even if the effect of this is to produce what might be considered an otherwise unjust or undesirable outcome. （3分)(ii) The golden rule This rule is applied in circumstances where the application of the literal rule is likely to result in what appears to the court to be an obviously absurd result. （2分)It should be emphasised, however, that the court is not at liberty to ignore, or replace, legislative provisions simply on the basis that it considers them absurd; it must find genuine difficulties before it declines to use the literal rule in favour of the golden one. （2分)
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