Golden rule

    Cards (9)

    • Golden rule; Can be used to avoid the literal rule giving an absurd result.
    • Golden rule; The reasoning is Parliament could not have intended to create an absurdity.
    • Golden rule; A judge can substitute a reasonable alternative meaning in the light of the statute as a whole.
    • Golden rule; Narrow application - The court may only choose between the possible meanings of a word or phrase.
    • Golden rule; Narrow application - R v Allen 'whoever being married, marries another'. One definition of marry means you cannot marry someone if already married, however another would find him guilty as it says to go through the ceremony with intention to marry.
    • Golden rule; Wider application - When the words have only one clear meaning, the court will then modify the words.
    • Golden rule; Wider application - Re Sigsworth, son murdered his mother and the law was modified to not let him inherit his mothers estate.
    • Golden rule; Advantages; Errors in drafting can be fixed immediately, stops absurd results, respects separation of powers, parliaments true intentions can be used.
    • Golden rule; Disadvantages - No clear definition of absurd, brings 'common sense' into law.