Describe The Golden Rule Of Statutory Interpretation Flashcards
What is the golden rule of statutory interpretation?
The golden rule is a modification of the literal rule, defined as avoiding absurdity produced by the literal rule if Parliament did not intend such an absurdity.
What are the two approaches a judge can take under the golden rule?
The judge can take a narrow approach or a broad approach.
What is the narrow approach in the golden rule?
The narrow approach involves choosing between different meanings of a word or phrase.
What is the broad approach in the golden rule?
The broad approach involves altering the one meaning of a word or phrase to avoid absurdity.
What case exemplifies the narrow approach?
Adler v George exemplifies the narrow approach.
What was the issue in Adler v George?
The court interpreted the Official Secrets Act 1920 regarding obstructing soldiers ‘in the vicinity’ of a prohibited place.
What was the outcome of Adler v George?
The court held that a man who obstructed a soldier inside a prohibited place was guilty of the offence.
What case exemplifies the broad approach?
Re Sigsworth exemplifies the broad approach.
What was the issue in Re Sigsworth?
The court used abroad approach to interpret the administration of justice act 1925 under which the issue of a person would inherit their state or a person who died without making a will in this case a mother had died without making a will but had been murdered by her sonThe literal rule was not followed as it would have been an injustice.
What does S53 of the Human Rights Act state?
As far as is possible, legislation should be interpreted in a way which is compatible with the European Convention on Human Rights.
What was the outcome of the case Godin-Mendoza v Ghaidan?
The phrase ‘living with the original tenant as his or her wife or husband’ was interpreted as ‘AS IF they were his or her wife or husband’, giving same-sex partners the same rights as heterosexual couples.
