Flashcards
Golden Rule
Cards in this deck (10)
- 1What is the Golden rule?Its the exception to the literal rule.
The GR says that the LR should be followed the ordinary sense of the world must be adhered to unless the result is absurd, repugnant or is inconsistent with the statue. - 2What is the narrow approach to the golden rule?This is when a word has more than one literal meaning, it allows the judge to choose the one that avoids absurdity.
- 3Name a case which describes the narrow approachR v Allen
Facts - The defendant married a woman when he was already married.
Statute - Included the phrase 'to marry again' - bigamy
Problem - It had 2 meanings 1) Go through a marriage ceremony 2) To actually become the spouse of someone
Outcome (LR)- Lawyer said it is impossible to marry again, so NOT guilty
Outcome (GR) - GUILTY as it avoids absurdity - 4What is the broad approach?Allows the court to change the meaning of a statute if there is only one literal meaning but that meaning leads to an absurdity.
- 5Name a case which describes the broad approach.Adler v George
Facts - Defendent broke into the base and obstructed people inside the base.
Statute - an offence to 'obstruct the armed forces in the vicinity of a military base.'
Outcome (LR) - NOT GUILTY as they weren't outside
Outcome (GR) - GUILTY 'would be absurd if you could be guilty outside the base but not inside the base' - 6What are the 2 advantage of the GR?1) Its application prevents absurdities
2) Its application puts into practice what Parliament meant - 7Name the case which helps describe the advantage that it prevents absurdities.Re Sigsworth
Facts - Son murdered his mother and she had not made a will
Statute - Intestacy - he was her sole issue and stood to inherit her estate - 'when a person died without leaving a will'
Outcome (LR) - He would've gained the estate
Outcome (GR)- As this would've been a repugnant result, he was therefore titled to nothing. They had to re-write the intestacy rules so he was excluded. - 8Name the case which helps describe the advantage that it puts into practice what Parliament meantAdler v George
The fact that the LR would've not been the result Parliament meant by the Act. By using the GR the court have applied what their real intention would be - that you should be guilty for attacking a military base from the outside but not the inside. - 9What are the 2 disadvantages of the GR1) Difficult to draw a line between the LR and the GR and can be difficult to predict which one the judge might use so therefore hard for lawyers to advise clients.
2) Its unconstitutional and gives too much power to the courts - choose the rule which fits their purpose in order to gain the result they want, alter statutes, breaches parliamentary sovereignty. - 10Name a case which describes the disadvantage that the GR is unconstitutionalInco Europe v First Choice Distrubution
They inserted the correct words in
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- A-Level Law (Statutory Interpretation) Flashcards on Golden Rule, created by Lily Gray on 18/11/2013.
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- Lily Gray
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