Flashcards
golden rule
Flashcards do conjunto (8)
- 1DEFINITIONmodification of literal rule. judges must do what parliament intended.
- 2NARROW VIEWif words have more than one meaning (ambiguous) , the least absurd is applied.
- 3WIDER VIEWwhen a word has a clear meaning but is going to result in an absurd outcome, judges use the golden rule to modify the word.
- 4R V ALLENCharged with bigamy ( being lawfully married, he married again). Judge said that marry meant a marriage ceremony otherwise the offense would be impossible to commit.
- 5R V SIGWORTHSon killed his mother who hadn't made a will so the son ( as her next of kin) would inherit everything. The court didn't want to let a murderer benefit from his crime so he was not allowed to inherit.
- 6ADLER V GEORGEdefendant was in a prohibited place but the statute read that you must be in the 'vicinity'. Court read word vicinity as in or in the vicinity of.
- 7ADVANTAGES- allows judges to avoid perverse outcomes
- accepts authority of parliament bc literal still first applied.
- puts right injustices at the time
- allows judge to choose most sensible meaning if there is more than one - 8DISADVANTAGES- limited as not very popular
- unpredictable as depends what different judges see as 'absurd'
-judges can end up changing law
- Michael Zander described it as a 'feeble parachute'
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- A level Law (Unit1 T2) FlashCards sobre golden rule, criado por Amelia Hibbert em 12-04-2017.
- Criado por
- Amelia Hibbert
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