Golden Rule Flashcards
What is the golden rule in legal interpretation?
The golden rule is a modification of the literal rule, defined in River Wear Commissioners v Adamson as “the judge should avoid the 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 the narrow approach by choosing between different meanings of a word or phrase, or the broad approach where a word or phrase has only one meaning that is altered to avoid absurdity.
What was the outcome of Adler v George regarding the Official Secrets Act 1920?
The court used the narrow approach to hold that a man who obstructed a soldier inside a prohibited place was guilty of the offence, avoiding the absurdity that those obstructing outside were not guilty.
What was the ruling in Re Sigsworth regarding inheritance?
The court used the broad approach to hold that a son who murdered his mother was not entitled to inherit her estate, as applying the literal rule would have resulted in an absurdity.
What does Section 3 of the Human Rights Act state about legislation interpretation?
It states that, as far as possible, legislation should be interpreted in a way which is compatible with the European Convention on Human Rights.
What was the significance of Godin-Mendoza v Ghaidan?
The case resulted in the phrase “living with the original tenant as his or her wife or husband” being interpreted as “as if they were his or her wife or husband,” granting same-sex partners the same rights as heterosexual couples.
