Golden Rule

Golden Rule

1. A modification of the literal rule that avoids an absurd interpretation

2. Narrow Approach

   • Lord Reid in Jones v DPP: "It is a cardinal principle applicable to all kinds of statutes that you may not for any reason attach to a statutory provision a meaning which the words of that provision cannot reasonably bear. If they are capable of more than one meaning, then you can choose between those meanings, but beyond this you cannot go."
   • The court must choose between possible meanings of a word or phrase, but must stick to the overall statute
   • If there is only one meaning, this must be taken
   • Adler v George

3. Wider Approach

   • When a word or phrase has one clear meaning, but would lead to an absurdity; the court can use the golden rule to modify the words of a statute in order to avoid this problem
   • Re Sigsworth

4. Respects the words of Parliament

5. Allows the judge to choose the most sensible meaning

6. Avoids the worst problems of the literal rule

7. Can only be used in limited situations

8. It is a 'feeble parachute' (Zander)

9. Not possible to predict when the courts will use it