Golden rule

• Golden rule meaning 


  A modification of the literal rule to avoid an interpretation that is absurd
• Golden rule extra info 


  The golden rule is said to be a modification of the literal rule , a judge who adopts the golden rule believes that where the application of the literal rule produces an unjust result , the meaning of the words in the statute may be slightly altered to avoid that result
• 2 approaches to the golden rule 


  Narrow approach and wide approach
• First process

  The rule starts by looking at the literal meaning of the words but the judge then allows himself to avoid interpretation,which would lead to an absurd result
• narrow rule 


  Under the narrow approach to the golden rule the judge believes that he can choose the possible meanings of a word or phrase .If there is only one meaning then that must be taken
• Narrow rule is shown by Lord Reid’s comments in Jones v DPP 1962


  It’s cardinal principle applicable to all kinds of statutes that you may not for any reason attach to a statutory provision a meaning which the words of that provision cannot reasonably bear .If they are capable of more than one meaning .Then you can choose between those meanings, but beyond this you cannot go .
• wide approach 


  Some judges believe that the wide approach should be used if the words of the statue have only one clear meaning ,but would lead to an unjust situation and decision .lm such case the court will use the wide approach to the golden rule to modify the words of the statute in order to avoid this problem
• Adler v George 1964(narrow approach)


  The official secrets act 1920 made it an offence to onstruct HM forces ‘in the vicinity’ of a prohibited place.D had caused an obstruction in the prohibited place ,It was argued that he was not guilty as the literal wording of the act did not apply to anyone in the prohibited place .It only applied to those ‘in the vicinity’, is outside but close to it .The judge held that words should be read as being ‘in or in the vicinity of’ the prohibited place .D was guilty
• Re Sigsworth 1935


  D had murdered his mother who had not made a will.Normally her estate would have been inherited by her ‘issue’ (next of kin) -the words of the administration of justice act 1925 .in this case her son .Although the meaning of ‘issue ‘ was clear ,the court held the word should be interpreted as meaning ‘inherited by the issue unless that issue has killed the deceased
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