Statutory Interpretation - Golden Rule

Question 1

What is the Golden Rule?

Answer 1

A modification of the Literal Rule that allows the court to avoid an interpretation leading to an unjust or absurd result

Question 2

When is the Narrow Golden Rule used?

Answer 2

When a word has two possible meaning but one would lead to an absurd outcome.
(Adler V George)

Question 3

When is the Wide Golden Rule used?

Answer 3

When a word only has 1 clear meaning but following it would lead to an absurd outcome.
(Re. Sigsworth)

Question 4

What 3 cases can be used when describing the Golden Rule?

Answer 4

1) Adler V George
2) Re. Sigsworth
3) R V Allen

Question 5

Describe Adler V George.

Answer 5

D was charged with obstructing a member of the armed forces ‘‘in vicinity of a prohibited place’’. He was inside the prohibited place.
Guilty using Narrow Rule as Vicinity can mean near to or inside

Question 6

Describe Re. Sigsworth

Answer 6

D stood to inherit his mothers estate, but he had killed her. Could not inherit so using the Wide Rule the courts changed the Act in order to avoid this outcome

Question 7

Describe R V Allen

Answer 7

D had committed bigamy under S.57 of Offences against the Person Act: ‘‘A person who is married and marries again’’, is this is impossible the judge changed it to ‘‘having gone through a marriage ceremony’’ and D was found guilty

Question 8

Give 3 advantages of the Golden Rule.

Answer 8

1) Fairer than LR as less absurd results
2) More predictable than MR and PA
3) Simpler and quicker than MR and PA

Question 9

Give 3 disadvantages of the Golden Rule

Answer 9

1) Predictability means it could be too rigid
2) Wide Approach means judges can rewrite laws
3) Infringes Parliamentary Sovereignty more than LR