The Golden Rule

DEFINITION

• a modification of the literal rule
• avoids absurb outcomes

TWO APPROACHES:

• Narrow Application

when a word is ambigious, a judge may choose between the possible meanings of the word to avoid an absurd outcome, but must go no further

• Wider Application

when a word has only one meaning but using this meaning would result in an absurd outcome, the judge can use the golden rule to modify the words of the statute

CASES

R V ALLEN

• attempted to marry when already married - bigamy
• this is an offence under the Offences Against The Persons Act 1861
• 'marry' was ambigious
• could either mean to 'become legally married' or to 'go through the marriage ceremony'
• Allen argued he could not become married as this was illegal
• the narrow application was used and the second definition of the word was used to avoid an absurd outcome

RE SIGWORTH

• killed his mother to gain inheritance
• he had the legal right to inherit from her under the Administration of Estates Act 1925
• the wording of the act was unambigious, but would have resulted in an absurd outcome
• the wider application of the golden rule was used to modify the words of the statute, avoiding an absurd outcome

ADVANTAGES

• avoids an absurd outcome
• allows judges to use the most sensible meaning when there is more than one
• judges can use their experience and common sense
• respects the words of parliament by using them to start off with
• by allowing modification, an amending act does not have to be made

DISADVANTAGES

• 'a feeble parachute' as it provides an escape route, but with little use
• its use is unpredictable
• its use is inconsistent
• it comes with no guidelines (such as how to test if an outcome would be absurd)
• can lead to uncertainty in the law as words are not interpreted exactly as they are written