The Golden Rule Evaluation Flashcards
ADVANTAGE NO.1
[Compromise]
The first advantage is that it is a compromise between the Literal and Mischief Rule. This gives judges flexibility to still abide by the words of the statute and also tackle the problem that Parliament was trying to solve which provides justice.
(R v Allen: If Literal Rule was used, no one would be charged with bigamy)
ADVANTAGE NO.2
[Respects Parliament]
Another advantage is that it respects Parliament. The Golden Rule still requires the judge to stick to the wording and intentions of parliament.
(R v Allen)
ADVANTAGE NO.3
[Prevents Absurdities]
Also, the Golden Rule prevents absurdities. The use of the rule allows for judges to use common sense in order to interpret the wishes of Parliament.
(Cheeseman v DPP: clearly guilty of exposing his person but found not guilty because of the literal meaning of passengers)
ADVANTAGE NO.4
[Allows for Justice]
One final advantage is that it allows for sensible, just decisions. This is because the rule is used when others may produce repugnant outcomes. As the statute is supposed to be broad and all-encompassing, the judge should be able to have some flexibility to choose the most appropriate outcome for the individual case.
(Re Sigsworth: stopped murderer profiting from crimes)
R v Allen
D was charged with bigamy as under the Offences Against The Person Act 1861, it is an offence to ‘marry while one’s spouse is still alive’. D argued that one cannot legally marry twice but the Court found “marry” to mean ‘go through a marriage ceremony’ and so D was guilty.
Re Sigsworth
A son murdered his mother to claim her property. As he was her ‘Next of Kin’ he was legally entitled to this, but the court used the Golden Rule to avoid the repugnant outcome of a murderer profiting off their crimes.
DISADVANTAGE NO.1
[Too Much Power]
One disadvantage is that it possibly gives judges too much power. Under this rule, judge’s are allowed to alter the meaning of the words of a statute.
(Adler v George)
DISADVANTAGE NO.2
[Too Much Subjectivity]
Another disadvantage is that there is too much subjectivity. What one judge may find ‘absurd’, another may not.
(Berriman: another judge may have found the outcome repugnant)
DISADVANTAGE NO.3
[Not Enough Power]
Also, the Golden Rule is said to be a ‘Feeble Parachute’. Professor Zander, an expert in the Law, argues that this rule doesn’t give enough power to judges. Judges can only slightly alter the meanings to words and if a grave problem arises, then Parliament needs to act which they rarely do.
(R v Allen: parliament were slow to react)
DISADVANTAGE NO.4
[Disrespects Parliament]
Finally, it goes beyond the wishes of Parliament. Under the rule, judges are allowed to make possibly significant alterations to the meaning of a statute.
(R v Allen)
Adler v George
Under the Official Secrets Act 1920 it was an offence to obstruct a member of the armed forces ‘in the vicinity’ of a prohibited palace. The defendant (D) was actually in the prohibited place, rather than ‘in the vicinity’ of it, at the time of obstruction. It would be absurd for a person to be liable if they were near to a prohibited place and not if they were actually in it and so D’s conviction was upheld
