Statutory interpretation- GOLDEN RULE

Question 1

WHEN WILL THE GOLDEN RULE BE USED?

Answer 1

May be used if a judge considers test the literal rule would lead to an absurd outcome.

Question 2

ADLER V GEORGE?

Answer 2

The judges have applied the golden rule in a narrow way- where words are capable of having more than one meaning, the meaning that is least absurd should be used.

Question 3

RE SIGSWORTH?

Answer 3

The judges have also used the golden rule in a wider way. Here the golden rule is used to modify clear words in a statute to avoid an absurdity.

Question 4

ADVANTAGE OF THE GOLDEN RULE?

Answer 4

The golden rule provides an ‘escape route’- the judges can use it to prevent the absurdity and injustice caused by the literal rule.

Question 5

DISADVANTAGE OF THE GOLDEN RULE?

Answer 5

The unelected judges are beginning to make law, as they aren’t confining themselves to the actual words in the statute, but instead are trying to work out what Parliament intended.