PAPER 1 GOLDEN RULE SI Flashcards
What is the golden rule a modification of?
A modification of the literal rule
If the literal rule produces an absurdity then the court should look for what?
Another meaning of the words to avoid that absurd result
What is the narrow application?
When the word has more than one meaning the least absurd should be used.
What happened in Allen?
The defendant was accused of bigamy.
In Allen what was bigamy defined as?
Someone who shall marry any other person
What did the defence argue in Allen?
The defence argued that the second marriage was not legally valid as you cannot marry someone who is already married.
In Allen what did the defences defence mean?
Because no bigamous marriage is lawful that bigamy is impossible
In Allen what did the judge use the golden rule to decide?
That marry means to go through with a ceremony of marriage.
What is wider application?
When the plain meaning of the text is unambiguous but to apply it would lead to a repugnant situation
In Re Sigworth what happened?
A son murdered his mother, she had left no will so under the rules of intestacy her estate would be inherited by next of kin, her son
How was the golden rule used in Re Sigworth?
To prevent the repugnant situation of the son inheriting
Advantages?
Avoid absurdities (Allen)
Help avoid repugnant outcomes (Re Sigworth)
Disadvantages?
Rule allows judicial law making which is undemocratic
Rule can be criticised as it lacks definition of what is absurd or repugnant
