Golden Rule Flashcards
What is the core purpose of the golden rule?
A. To prevent absurd or unjust outcomes caused by the literal rule
B. To allow judges to rewrite outdated laws
C. To enforce the political objectives of Parliament
D. To interpret statutes in favour of the defendant
A. To prevent absurd or unjust outcomes caused by the literal rule
Explanation: The golden rule provides a limited exception to the literal rule to avoid absurd or contradictory results.
In which situation is the golden rule most likely to be applied?
A. When a statute lacks moral clarity
B. When literal interpretation would lead to absurdity
C. When Parliament has amended the Act
D. When a court cannot find a dictionary meaning
B. When literal interpretation would lead to absurdity
Explanation: It’s only used when the literal meaning produces a result Parliament could not have intended.
The golden rule is best described as a modification of which interpretive rule?
A. Mischief rule
B. Literal rule
C. Purposive approach
D. Noscitur a sociis
B. Literal rule
Explanation: The golden rule builds on the literal rule, applying its logic except where absurdity results.
Which of the following is a major criticism of the golden rule?
A. It undermines the separation of powers
B. It gives judges absolute discretion
C. It lacks a consistent definition of “absurdity”
D. It eliminates statutory ambiguity
C. It lacks a consistent definition of “absurdity”
Explanation: A key criticism is that what counts as absurd is often subjective, varying between judges.
A defendant obstructs a military officer inside a prohibited area. The statute criminalises obstruction “in the vicinity of” such areas. Which rule helped convict the defendant in Adler v George?
A. Literal rule
B. Mischief rule
C. Purposive approach
D. Golden rule
D. Golden rule
Explanation: The court used the golden rule to interpret “vicinity” as including the location itself, avoiding a legal loophole.
In Re Sigsworth, a man killed his mother and stood to inherit under intestacy law. Why did the court disapply the literal wording?
A. The statute was ambiguous
B. The golden rule was applied to prevent a morally repugnant result
C. The law had been repealed
D. The statute gave judges discretion over inheritance
B. The golden rule was applied to prevent a morally repugnant result
Explanation: To avoid the absurdity of a killer inheriting, the court modified the application using the golden rule.
A statute has two possible meanings for a word. One would criminalise a harmless act; the other aligns with Parliament’s intent. What should the court do under the golden rule?
A. Apply the first meaning regardless
B. Choose the meaning that avoids absurdity
C. Refer to the Hansard record for clarification
D. Strike out the statute
B. Choose the meaning that avoids absurdity
Explanation: Under the narrow version of the golden rule, the judge picks the meaning that does not lead to absurdity.
Which of the following best describes the difference between the narrow and wide uses of the golden rule?
A. Narrow is for ambiguous words; wide modifies clear wording to avoid absurdity
B. Wide applies only in human rights cases
C. Narrow allows external aids; wide does not
D. Wide use requires a new statute to be passed
A. Narrow is for ambiguous words; wide modifies clear wording to avoid absurdity
Explanation: The narrow use is interpretive (choosing between meanings); the wide use adjusts otherwise clear wording for public policy reasons.
A judge refuses to apply the golden rule in a case with a harsh but technically correct result. Why might they do this?
A. The golden rule can only be used for criminal offences
B. Courts cannot depart from clear words unless absurdity is proven
C. The golden rule was repealed in 2006
D. Parliament must approve any interpretive rule
B. Courts cannot depart from clear words unless absurdity is proven
Explanation: Judges must apply statutes as written, unless literal application leads to an unacceptable or illogical result.
Why is the golden rule still relevant today, despite the rise of purposive interpretation?
A. It overrides the Human Rights Act 1998
B. It is the preferred method in EU law
C. It provides a safety net when the literal rule fails
D. It replaces the need for judicial review
C. It provides a safety net when the literal rule fails
Explanation: The golden rule acts as a moderate tool between strict literalism and full purposive analysis.
