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Mapa mental

Golden rule

Kiren Cheema Inglés

Contenido del mapa

Golden rule

  1. Modification of the literal rule.

  2. Judges use the ordinary natural dictionary definition unless this creates absurdity.

    • If absurdity is created judges will apply the narrow or broad application.
      • Narrow application allows judges to choose between possible meanings of word.
      • Broad application allows judges to modify the law by altering the meaning of the word.
  3. R v Allen.

    • Offences against the person act 1861.
    • "Whosoever being married shall marry another person during the lifetime of the former husband or wife is guilty of an offence."
    • Literal interpretation of marry is to become legally married so 2nd marriage was never legal.
    • Narrow application found another meaning of marry. So defendant was guilty.
      • "To go through a ceremony of marriage".
  4. Lord Reid: "If a word is ambiguous the judge may choose between possible meanings to avoid absurdity but beyond this I would not go."

  5. Re Sigsworth.

    • Representation of estates act 1925.
    • "Under the rules of intestacy the son would inherit the mothers estate as an issue."
    • Son killed his mother to inherit her estate.
    • Literal rule would have meant son inherits the estate but courts didn't want murderer to benefit from their crime.
      • Used broad application to modify the meaning of issue.
        • "Son can inherit the estate as an issue so long as they didn't cause the death of their mother."
  6. Strengths

    • People are less likely to escape the law on a loophole as the judge can now choose between alternative meanings or modify the word to prevent absurdity from occurring.
    • Prevent the worst situations of the literal rule as it allows judges to make more sensible decisions to avoid unjust ones.
  7. Weaknesses

    • Michael zander describes it as a feeble parachute as although it provides an escape route it's still not very flexible. It's so limited there's not much you can do with it.
    • Very limited and rare to use - only when there will be an absurdity.
    • Not predictable when the courts will use this rule.

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Mapa Mental sobre Golden rule, creado por Kiren Cheema el 03/05/2017.
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Kiren Cheema
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