Subdecks (2)

Cards (10)

  • Definition of Golden rule
    Judges can choose the best interpretation of the words OR avoid an absurd or repugnant decision
  • Lord Wensleydale said 'the ordinary sense of the words must be adhered to unless it would lead to an absurdity', the ordinary sense may be modified to avoid the absurdity but no further'.
  • Alder v George
    The Official Secrets Act 1920 made it an offence to 'obstruct her majesties forces in the vicinity of a prohibited place'. D obstructed HM forces in the prohibited place but argued they were 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', IE, outside but close to it
  • Re Sigworth
    D murdered his mother and his mother had not made a will. Under the rules inn the Administration Act 1925 tthe next of kin inherits the estate. The son was the mother's next of kin so would have inherited her estate but the court was not prepared to allow this to happen even though there was no ambiguity in the Act. Under the literal rule he would have inherited, but the courts applied the golden rule