Explain the meaning of the Golden Rule

Cards (5)

  • Golden rule
    words are given their literal meaning unless it would produce an absurd result.
  • Narrow application - Jones v DPP
    Lord Reid said if a word is ambiguous the judge may choose between possible meanings of the word in order to avoid an absurd outcome
  • R v Allen
    Section 57 of the OAPA 1861 made it an offence to marry if you were already married to someone else. The court decided that ‘marry’ was ambiguous and could have two meanings: to become legally married or to go through a ceremony of marriage. It was clearly absurd to apply the first meaning, as no one could then be convicted of the offence, so Allen was found guilty.
  • wider application
    there is only one meaning but this would lead to an absurd or repugnant situation
  • Adler v George
    the Official Secrets Act 1920 made it an offence to be found ‘in the vicinity of a prohibited place’. The accused was arrested inside the prohibited place, but the court held that ‘in the vicinity of’ could mean ‘being in or in the vicinity of’ the prohibited place in order to avoid an absurd result.