Golden Rule Flashcards
Where is the golden rule said to have its origins
Becke v smith
It evolves from this rule
Literal rule
What did becke v smith state
Words of an act should be taken literally but can be modified of varied to avoid inconsistency or a repugnant outcome
Why would a judge use this rule
If they see the literal rule would lead to absurdity and they want to avoid it
The golden rule uses these types of interpretation
Narrow and wide
When is narrow interpretation used
When there is ambiguity in the words
The narrow interpretation can only be used if there is a choice of
Interpretation
Which case did the narrow interpretation stem from
Jones v DDP when Lord Reid defined the golden rule in becke v smith
What can a court do within the statute to avoid absurdity
Modify the meaning within
When is the wider interpretation used
To avoid a repugnant decision
The wider interpretation avoids a result that is
Obnoxious to the principles of public policy even when the words have only one meaning
Name 3 cases for golden rule
1) r v Allen
2) Re. sigsworth
3) Adler v George
Which case used narrow interpretation
R v Allen
In r v Allen the statute was word ambiguously so it made It impossible for anyone
To commit bigamy as no one who was married could be contractually married to another
Why did Allen appear to not be a bigamist (why was his second marriage not legal )
When he married the second women, the contract could not be binding hence no legal marriage
In r v Allen how did the judge interpret ‘marry’
It could be interpreted as to go through a marriage ceremony
What was the result of the golden rule in r v Allen
Since he went through the ceremony he was married twice so he was a bigamist
Which case used the wider interpretation
Re sigsworth
What happened
The son murdered his mother and was trying to claim her inheritance
How did the court use the wider interpretation
Said the a murdered would not be able to benefit from the proceeds of her estate when she had died intestate
What does a judge bring an element of when using the golden rule
Subjectivity
Who described the golden rule as a feeble parachute
Michael zander
3rd case for the golden rule
Adler v George
Which act was in question
Official secrets act which made it an offence to obstruct her majesty’s force in the vicinity of a prohibited place
What did d do in Adler v George to argue he was not guilty
He obstructed in the prohibited place and therefore said he was not in the vicinity but in which the act did not cover
Was d in Adler v George found guilty
Yes to avoid absurd outcome
