Golden Rule Flashcards
english legal system
How does ADLER v GEORGE state the golden rule is used in a narrow way?
where words are capable of having more than one meaning, the meaning that is least absurd is used.
What are the facts, law, and outcome of ADLER v GEORGE?
Facts: D was caught inside an RAF base where he was staging a protest.
Law: He was accused under a statute with obstructing a member of the armed forces ‘in the vicinity of’ the base.
Outcome: ‘in the vicinity of’ could mean ‘near to’ or ‘near to and within’. The court chose the second meaning to secure a conviction.
How does RE SIGSWORTH state the golden rule is used in a wider way?
to modify clear words in a statute to avoid an absurdity.
What are the facts and outcome of RE SIGSWORTH?
Facts: A son had murdered his mother. The mother had not made a will so normally her estate would have been inherited by her next of kin.
Outcome: The court modified the clear wording of the statute to prevent the son inheriting the estate; it would not be in the public interest to let a murderer benefit from his crime.
What are the advantages of using the golden rule?
- it provides an ‘escape route’ to prevent the absurdity and injustice caused by the literal rule.
- judges put into practice what parliament really means e.g. in RE SIGSWORTH
- allows judges to choose the most sensible meaning where words in a statute are ambiguous.
What are the disadvantages of using the golden rule?
- the views of judges can be subjective which can lead to uncertainty in the law. It will be difficult for a lawyer to advise their client what the result of a case may be.
- unelected judges are trying to work out parliaments intentions which means the rule can be undemocratic.
- it is very limited in its use so only used in rare occasions.
