basics of the golden rule

• what is the golden rule ?

  The golden rule is an extension of the literal rule; it starts with looking at the literal meaning of words, but the judge can avoid absurd meanings, by taking a narrow view or the broad view
• What is meant by the narrow view in terms of the golden rule?

  The narrow view is that if words have more than one meaning then the judge can choose the meaning that is sensible. However if there is only one meaning, then the judge must use that meaning
• Which cases illustrate the narrow view of the golden rule?

  Adler v George and R v Allen
• what were the facts of the case of r v Allen?

  section 57 of the Offences Against the Person Act 1861 made it a criminal offence to “marry” whilst ones’ original spouse was still alive. The word marry can have two meanings, the first is that the person becomes legally married or the second is going through the ceremony of marriage. The courts decided the second meaning applies to avoid the absurdity.
• What is meant by the broad view in terms of the golden rule?

  this is where words have one clear meaning, but to use that meaning would lead to an absurd result. Insuch case the judge can modify the word to avoid the problem
• What case illustrates the broad view of the golden rule?

  Re Sigsworth