Sem título

The Golden Rule

1. Used if the literal rule creates an absurd or unjust outcome. Can be used to choose between meanings if words are ambiguous or to modify the original meaning.

2. Narrow approach

   • Look at OED at the time the Act was passed.
   • R v Allen The words "shall marry" had 2 meanings The Literal rule would have created an absurd result as no one could ever be convicted of Bigamy

3. Broad approach

   • Judges can modify the original meaning of a word to make sure the Act makes sense and doesnt produce absurd outcomes
   • Adler v George "in the vicinity of" was modified to also include "within" under The Official Secrets Act 1920
   • Re Sigsworth "Issue" modified to include the point that "Issue would not be entitled to inherit where they had killed the deceased. This would otherwise be absurd as D would profit from his crime

4. Advantages

   • Fewer absurd and unjust outcomes
   • Democratic - will of parliament (not wanting absurd outcomes
   • Deals with the unfairness of the Literal rule

5. Disadvantages

   • Subjective - Different Judges may have different views on what is an absurd outcome
   • Law Commission 1969 - Rule is of limited value
   • Undemocratic - gives unelected judges too much power to create law
   • Unclear what an absurd result is - no guidelines for the judge