AO1 - Golden Rule

Cards (3)

  • Definition - This approach is a modification of the literal rule. Judges will start by following the literal interpretation, giving their words the normal meaning, unless this would result in an absurd or unjust result
  • One feature is narrow application:
    • Occurs where a word in the statute is capable of having more than one meaning; the courts may choose and apply a meaning
    • R v Allen - The court used the golden rule and held that the word 'marry' should be interpreted as 'to go through a marriage ceremony', the defendant's conviction was upheld
  • Another feature is wide application:
    • This is where the words are clear but would lead to an absurd or unjust decision, so the stature may be altered within the context of the act
    • The golden rule is used sparingly by the courts in order to preserve certainty
    • Sigsworth - The judge used wide application to avoid the unjust decision the literal rule would have given