Statutory Interpretation: The Golden Rule

Question 1

What is the definition of the golden rule?

Answer 1

A modification of the literal approach
Judge follows literal interpretation, give words their normal meaning unless it leads to absurd/unjust results

Question 2

What are two features of the golden rule?

Answer 2

Narrow Application
Wide Application

Question 3

What is the narrow application?

Answer 3

Words are ambiguous/have more than one meaning, courts choose one and apply

Question 4

What is a case for narrow application?

Answer 4

R v Allen

Question 5

What happened in R v Allen?

Answer 5

Offence to commit bigamy, marry had two meanings
Court applied ‘marry’ as the ‘ceremony’ so D was guilty

Question 6

What is the wide application?

Answer 6

Words are clear but it would lead to injustice/absurdity

Question 7

What is a case for the wide application?

Answer 7

Sigsworth

Question 8

What happened in Sigsworth?

Answer 8

Son murdered mother to inherit estate, law stated next of kin receives assets
Judge used wide application so a murderer wouldn’t benefit from his crime

Question 9

AO3 Advantage points

Answer 9

Avoids injustice of the literal rule - Upholds public policy
Follows P’s intent - Upholds PS
Democratic - follow’s societies wishes

Question 10

AO3 Disadvantage points

Answer 10

Different interpretations of absurdity
Judicial creativity
Rarely used - judges prefer certainty over fairness
Not P’s intent - no clear guidance